Search This Blog

Monday, 28 September 2015

TAKING A MCKENZIE FRIEND TO COURT WITH YOU

Don't forget that if you do have to go to Court on your own because you can't afford legal representation then you can take a either a non professional or professional McKenzie friend with you. A McKenzie friend will be able to :-

Provide moral support for the LIP
• Take notes
• Help with case papers...

• Quietly give advice on:
points of law or procedure
issues that the litigant may wish to raise in court
questions the litigant may wish to ask witnesses
.

 
Even though taking a Mckenzie friend to a hearing is great be warned a McKenzie friend will not be able :-
  • to act on the behalf of a Litigant in Person.
  • He/she may not act as the LIP’s agent in relation to the proceedings nor manage the case outside court, for example, by signing court documents.
  • A McKenzie Friend is not entitled to address the court, nor examine any witnesses.

 However, in exceptional circumstances, a judge may grant a McKenzie Friend what is termed “right of audience” in a particular case. The McKenzie Friend would then be allowed to address the court and conduct the litigant’s case for him, as a solicitor or barrister would normally do
 

No comments:

Post a Comment