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McKenzie Friend Rules
& Guidance
The role of a McKenzie Friend is set out in the Practice Guidance: McKenzie Friends (Civil and Family Courts), issued in 2010 by the Master of the Rolls and the President of the Family Division. These are the observations of what they may and may not do — and the right to reasonable assistance.
What they may do
- Provide moral support for the litigant
- Take notes during the hearing
- Help with case papers
- Quietly give advice on any aspect of the conduct of the case
What they may not do
- Act as the litigant’s agent in relation to the proceedings
- Manage the litigant’s case outside court, for example by signing court documents
- Address the court, make oral submissions, or examine witnesses
The right to reasonable assistance
Litigants have the right to have reasonable assistance from a layperson — a McKenzie Friend. However, McKenzie Friends have no independent right to provide assistance: they cannot act as advocates or conduct litigation on the litigant’s behalf. The litigant remains a litigant in person throughout.
If you wish to bring a McKenzie Friend, you should inform the judge as soon as possible and say who the McKenzie Friend will be. The proposed McKenzie Friend should produce a short CV or statement setting out relevant experience, confirming they have no interest in the case and that they understand the role and the duty of confidentiality.
If a party objects to a McKenzie Friend, it is not for the litigant to justify the right — it is for the court or the objecting party to give reasons why assistance should not be allowed.
When can a court refuse a McKenzie Friend?
The presumption in favour of allowing a McKenzie Friend is strong. The court retains discretion to refuse, but only on proper grounds.
Not valid reasons to refuse
- The case is simple or a directions / case management hearing
- The litigant appears capable of conducting the case without assistance
- The litigant is unrepresented through choice
- The other party is not represented
- The proposed McKenzie Friend belongs to an organisation that promotes a particular cause
- The proceedings are confidential and contain sensitive family information
Grounds that can justify refusal
- The assistance is being provided for an improper purpose
- The assistance is unreasonable in nature or degree
- The McKenzie Friend is subject to a civil proceedings order or civil restraint order
- The McKenzie Friend is using the litigant as a puppet
- The McKenzie Friend is directly or indirectly conducting the litigation
- The court is not satisfied that the McKenzie Friend understands the duty of confidentiality
Rights of audience
McKenzie Friends have no right of audience and no right to conduct litigation. It is a criminal offence to exercise these rights unless properly qualified and authorised, or unless the court grants them on a case-by-case basis.
Courts should be slow to grant a right of audience to a lay person. It is generally reserved for special circumstances — for example, where the person is a close relative, where health problems prevent the litigant addressing the court, or where the litigant is particularly inarticulate. Professional or fee-charging McKenzie Friends will only be granted such rights in exceptional circumstances.
This page summarises the Practice Guidance on McKenzie Friends (2010) for general awareness. It is not legal advice. Always consult a qualified legal professional for your specific circumstances, and refer to the full guidance for the complete wording.