McKenzie Friend vs Running Your Case: Where the Legal Line Now Sits After Mazur
There has always been a quiet grey area in the family courts around what a McKenzie Friend actually does in practice. Many litigants in person rely heavily on support, and in some cases that support can become so involved that it begins to look like the case is being run for them. Following the High Court decision in Mazur v Charles Russell Speechlys LLP, that grey area has now been brought into sharp focus. The court has made it clear that there is a legal boundary between supporting a case and conducting it—and understanding that boundary is now essential for anyone navigating proceedings without a solicitor.
- A McKenzie Friend provides support — they do not run your case.
- Only authorised or exempt individuals can conduct litigation.
- The key legal test is who is in control of the case.
- Crossing the line can expose your case to challenge.
- Structured support strengthens your position; loss of control weakens it.
McKenzie Friend vs Running Your Case: Where the Legal Line Now Sits
There has always been a degree of confusion around the role of a McKenzie Friend.
For many litigants in person, the distinction feels blurred. You have support. That support may be experienced, knowledgeable, and heavily involved in your case. In practical terms, it can sometimes feel as though that person is “handling things” for you.
But following the High Court decision in Mazur v Charles Russell Speechlys LLP [2025] EWHC 2341 (KB), that distinction is no longer something that can be left unclear.
The law draws a firm line between supporting a case and conducting it.
Understanding where that line sits is now essential.
—The Role of a McKenzie Friend — What It Is Meant to Be
The role of a McKenzie Friend is well established in the courts of England and Wales. It exists to support litigants in person, particularly in complex or emotionally demanding proceedings such as family cases.
At its core, the role is supportive.
A McKenzie Friend may:
- Assist with preparing documents
- Help organise evidence
- Provide guidance on procedure and strategy
- Take notes during hearings
- Offer quiet assistance in court
In some circumstances, and only with the court’s permission, they may also be allowed to address the court.
But even then, the underlying position does not change:
The litigant remains in control of their case.
—What “Running the Case” Actually Means
This is where the distinction becomes critical.
Running a case—legally described as “conducting litigation”—goes beyond support. It involves:
- Making decisions about how the case progresses
- Sending correspondence on behalf of the party
- Managing filings and procedural steps
- Taking responsibility for how the case is conducted
These are not simply administrative tasks. They are the core functions of legal representation.
Under the Legal Services Act 2007, they are reserved to authorised or exempt individuals.
This is the line that Mazur has brought back into sharp focus.
—Why This Line Matters Now More Than Ever
For years, there has been a degree of practical flexibility in how cases are supported, particularly where litigants in person are concerned.
That flexibility has, in some areas, led to roles becoming blurred.
The decision in Mazur does not introduce a new rule. What it does is reinforce the existing one—and signal that it will be taken seriously.
The courts are now more alert to:
- Who is actually making decisions
- Who is sending communications
- Who appears to be in control of the case
If the answer is not the litigant, questions may arise.
—The Practical Difference — Control
The easiest way to understand the distinction is this:
A McKenzie Friend supports your case. They do not control it.
In a properly structured case:
- You decide what to do
- You approve every document
- You send communications in your own name
- You take responsibility for the case
Support sits behind that process, not in place of it.
Where that structure is clear, there is no difficulty.
Where it is not, that is where risk begins.
—How the Line Gets Crossed (Often Without Realising)
In practice, the line is rarely crossed deliberately.
It tends to happen gradually.
A litigant feels overwhelmed. Someone steps in to “help more”. That help becomes more hands-on. Decisions start being made. Emails start being sent. The case begins to feel as though it is being handled by someone else.
At that point, the structure has shifted.
What began as support may now look, from the outside, like conduct.
And it is how it appears externally that matters.
—Why This Can Affect Your Case
If the distinction is not maintained, the issue is not simply theoretical.
It can become a point of challenge.
The other side may argue:
- That your case has not been properly conducted
- That procedural steps are open to question
- That your position should be treated with caution
Even if those arguments do not ultimately succeed, they can create distraction, delay, and pressure.
In litigation, that matters.
—The Strongest Position You Can Be In
The strongest position is one where the structure of your case is clear, transparent, and beyond challenge.
That means:
- You are visibly in control
- Your decisions are your own
- Your documents reflect your position
- Your case is supported, but not run by someone else
This does not weaken your case.
It strengthens it.
—A Better Way to Think About Support
The most effective support model is not one where someone takes over.
It is one where you are equipped.
Where:
- Your case is structured properly
- Your evidence is organised clearly
- Your arguments are prepared carefully
- You understand what you are doing and why
That is what good support looks like.
It is not about removing your role.
It is about strengthening it.
—Final Thoughts
The distinction between a McKenzie Friend and someone running a case has always existed.
What Mazur has done is make it impossible to ignore.
Support is allowed. Conduct is restricted. Control must remain with the litigant.
Once that is understood and properly structured, the position becomes clear—and your case becomes stronger for it.
—Need Structured Support Without Risk?
If you want support that strengthens your case while keeping you fully in control and compliant, you can book an initial consultation below.
—Regulatory & Editorial Notice: JSH Law Ltd is not a firm of solicitors and does not provide regulated legal services. This article is for general information and commentary only and does not constitute legal advice. Any references to legal cases or third-party practices are provided for public interest analysis and educational purposes.
