Lay Litigants And Mckenzie Friends – A Positive Reaction To A Recent Trend

A recent practice direction (HC72) has provided important guidance on the role of a "McKenzie Friend" in assisting lay litigants before the civil courts.

The traditional role of a McKenzie Friend

When dealing with a case involving a lay litigant, courts tend to afford the litigant some latitude on formal procedure in recognition of the overarching right of access to the courts. As a result, the presence of a 'McKenzie Friend' has become a common feature of cases involving litigants in person.

The term "McKenzie Friend" originates from an English case, McKenzie v McKenzie1. In this case, the appellate court concluded that the trial judge was incorrect in refusing to permit a friend to assist Mr McKenzie. The court expressed the view that "...any person, whether he be a professional man or not, may attend as a friend for either party, may take notes, may quietly make suggestions and give advice."

The Irish courts have also accepted this general position. However, the Supreme Court2 has emphasised that the right of audience before it may only be enjoyed by the litigants themselves, their solicitor, or counsel instructed by their solicitor. A McKenzie...