jsh law ltdMcKenzie Friend (UK): Roles, Rights, Limits, and How to Use One in Court (2026 Guide)
A McKenzie Friend may sit beside an unrepresented party in civil or family proceedings to provide reasonable assistance, but cannot address the court or conduct the litigation unless the court grants exceptional permission. The courts apply a strong presumption in favor of allowing a McKenzie Friend, subject to case-management discretion to refuse or curtail assistance where justice or efficiency would be impeded.[1][2]
“A litigant who is not legally represented has the right to have reasonable assistance from a layperson, sometimes called a McKenzie Friend (MF). … [T]he presumption in favour of permitting a MF is a strong one.”[1]
“Provide moral support for the litigant; take notes; help with case papers; [and] quietly give advice on points of law or procedure, issues that the litigant may wish to raise in court, [and] questions the litigant may wish to ask witnesses.”[1]
“A MF is not entitled to address the court, nor examine any witnesses. If he does so he becomes an advocate and requires the grant of a right of audience.”[1]
“A court may grant an unqualified person a right of audience in exceptional circumstances only and only after careful consideration.”[1]
The modern doctrine stems from McKenzie v. McKenzie, 3 All E.R. 1034 (C.A.), which recognized a litigant in person’s entitlement to reasonable lay assistance at hearings.[3]
IRAC Summary of the Core Issues
Issue 1: Do litigants in person have a right to a McKenzie Friend?
- Rule: A litigant in person has the right to reasonable assistance from a layperson, with a strong presumption that such assistance will be permitted in open court.[1] The 2010 Practice Guidance applies across civil and family courts.[2]
- Application: Courts generally allow a McKenzie Friend unless fairness or the interests of justice require otherwise (e.g., disruption, conflicts, improper conduct).[1][2]
- Conclusion: The default position favors permitting a McKenzie Friend; refusals must be justified.
Issue 2: What may a McKenzie Friend do—and not do?
- Rule: Permitted assistance includes moral support, note-taking, help with papers, and quiet advice on law/procedure, issues to raise, and questions to ask.[1] Prohibitions include addressing the court, examining witnesses, acting as an agent, or managing the case outside court (e.g., signing documents).[1][2]
- Application: Within hearings, the McKenzie Friend’s role is supportive and advisory, not advocacy or litigation conduct.[1][2]
- Conclusion: Benefits are significant for litigants in person, but the advocacy/litigation line must not be crossed absent permission.
Issue 3: When will courts refuse or curtail a McKenzie Friend?
- Rule: Courts may refuse or terminate assistance if it impedes efficient administration of justice, but should consider a clear warning first; reasons must be given, and the litigant (not the McKenzie Friend) may appeal.[1]
- Application: Disruptive behavior, unfairness, or misuse of the role justifies limits or exclusion; tailored directions are common safeguards.[1]
- Conclusion: Judicial discretion tempers the strong presumption with case-specific management.
Issue 4: Can a McKenzie Friend speak in court or conduct litigation?
- Rule: No automatic rights of audience or to conduct litigation; these may be granted only in exceptional circumstances under courts’ statutory discretion (Courts and Legal Services Act 1990, ss. 27–28).[1]
- Application: Applications should be made at the outset of the hearing; courts consider necessity and fairness before granting such exceptional permissions.[1]
- Conclusion: Advocacy by a McKenzie Friend remains the rare exception, not the rule.
Issue 5: Attendance in private/closed hearings and practicalities
- Rule: A McKenzie Friend may not attend a closed court without permission given at the start of the hearing.[1] A litigant should inform the court at the outset that they intend to exercise the right to a McKenzie Friend and identify who that person will be.[1]
- Application: Early, transparent requests and readiness to comply with confidentiality and decorum expectations support permission being granted.[1]
- Conclusion: Plan ahead—notify the court at the beginning of the hearing and seek any necessary permissions promptly.
What a McKenzie Friend May Do (Typical Support)
- Moral support and encouragement during hearings.[1]
- Note-taking to create an accurate record of what is said and decided.[1]
- Help organizing and handling case papers.[1]
- Quiet legal/procedural advice to the litigant on issues to raise and questions to ask.[1]
“Provide moral support … take notes … help with case papers … quietly give advice on points of law or procedure; issues …; [and] questions … to ask witnesses.”[1]
What a McKenzie Friend May Not Do (Key Limitations)
- Address the court or examine witnesses (no right of audience without permission).[1]
- Act as the litigant’s agent in the proceedings or manage the case outside court (e.g., signing/filing documents).[1][2]
- Attend a closed/private hearing without the court’s permission granted at the start of the hearing.[1]
“A MF is not entitled to address the court, nor examine any witnesses.”[1]
“Act as the litigants’ agent in relation to the proceedings; [or] manage litigants’ cases outside court, for example by signing court documents.”[2]
Court Discretion: Refusal, Warnings, and Appeals
- Strong presumption to permit; refusal requires fairness/justice-based reasons.[1]
- Judges should consider whether a firm, unequivocal warning would suffice before exclusion.[1]
- If refused, reasons must be given; the litigant may appeal (the McKenzie Friend has no standing to appeal).[1]
Rights of Audience and Conducting Litigation: Exceptional Only
- The statutory scheme on audience/conduct of litigation is exhaustive; discretionary grants to laypersons require exceptional circumstances and careful consideration.[1]
- Any application should be made at the start of the hearing, explaining why such a departure is necessary for justice in the particular case.[1]
“A court may grant an unqualified person a right of audience in exceptional circumstances only and only after careful consideration.”[1]
Practical Steps to Ask for a McKenzie Friend
- Tell the usher or court at the start of the hearing that you wish to have a McKenzie Friend and identify the individual.[1]
- Be ready to confirm that your McKenzie Friend understands their supportive role, confidentiality, and decorum obligations, and that they will not disrupt proceedings.[1]
- If seeking advocacy rights, apply at the outset and explain the necessity.[1]
Where McKenzie Friends Are Most Commonly Used
- Family proceedings (e.g., child arrangements, financial remedies) and civil matters where parties are unrepresented. The 2010 Practice Guidance covers both civil and family courts, ensuring consistent principles.[2]
Related Support
- Courts may direct litigants to practical support organizations such as Personal Support Units and Citizens Advice Bureaux, which can assist litigants in person (separate from McKenzie Friends).[1]
Key Authority at a Glance
- McKenzie v. McKenzie recognized the right to reasonable lay assistance at hearings for litigants in person.[3]
- The Judiciary’s Practice Guidance (2010) sets out the modern, cross-jurisdiction framework for civil and family courts, including prohibitions on acting as agent or managing a case outside court.[2]
- The President’s Office guidance explains the strong presumption in favor of permitting a McKenzie Friend, what they may/may not do, the warning/refusal framework, closed-hearing rules, and the exceptional nature of any grant of advocacy rights.[1]
References
1. Guidance from the President’s Office—McKenzie Friends
Judiciary of England and Wales · Practice/Guidance PDF · 2010 (republished)
2. Practice Guidance: McKenzie Friends (Civil and Family Courts)
Judiciary of England and Wales · Official Guidance Page · 2010
3. McKenzie v McKenzie [1970] 3 All ER 1034
Court of Appeal (Eng.) · All E.R. 1034 · 1970
