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The use of McKenzie Friends is greater than had been thought, according to research showing that the bulk of their work is done outside court
The Study of fee-charging McKenzie Friends and their work in private family law cases, commissioned by the Bar Council and carried out by academics at the Universities of Cardiff and Bristol, showed that very few paid McKenzie Friends seek to represent litigants in court, preferring to offer advice and support before a case goes to court.
Chair of the Bar, Andrew Langdon QC, said instances of them representing clients in court was ‘smaller than many feared’ and should be ‘nipped in the bud’.
But he said their court work ‘represents the tip of the iceberg’ and highlighted the broader issue of people denied legal aid, who have no choice but to turn to McKenzie Friends.
The report found evidence of ‘difficulties’ presented by McKenzie Friends exercising rights of audience and said ‘concerning’ fee issues should be tackled, but it said clients received ‘a great deal of valuable support’ at a ‘relatively low cost’.
Recently Lady Justice Hallett said the term ‘McKenzie Friend’ was inappropriate in the Court of Appeal Criminal Division.
Giving judgment in R v Conaghan and Others [2017] EWCA Crim 597, she said the increase in applicants represented by ‘unqualified third parties’ has led to ‘totally unmeritorious applications’, that have ‘raised’ applicants’ hopes and taken up court time.
The use of McKenzie Friends is greater than had been thought, according to research showing that the bulk of their work is done outside court
The Study of fee-charging McKenzie Friends and their work in private family law cases, commissioned by the Bar Council and carried out by academics at the Universities of Cardiff and Bristol, showed that very few paid McKenzie Friends seek to represent litigants in court, preferring to offer advice and support before a case goes to court.
Chair of the Bar, Andrew Langdon QC, said instances of them representing clients in court was ‘smaller than many feared’ and should be ‘nipped in the bud’.
But he said their court work ‘represents the tip of the iceberg’ and highlighted the broader issue of people denied legal aid, who have no choice but to turn to McKenzie Friends.
The report found evidence of ‘difficulties’ presented by McKenzie Friends exercising rights of audience and said ‘concerning’ fee issues should be tackled, but it said clients received ‘a great deal of valuable support’ at a ‘relatively low cost’.
Recently Lady Justice Hallett said the term ‘McKenzie Friend’ was inappropriate in the Court of Appeal Criminal Division.
Giving judgment in R v Conaghan and Others [2017] EWCA Crim 597, she said the increase in applicants represented by ‘unqualified third parties’ has led to ‘totally unmeritorious applications’, that have ‘raised’ applicants’ hopes and taken up court time.
Update from the Chair of the Bar
By David Green
Mário Barroso, Head of R&D and Method Development at AlphaBiolabs, examines the forensic science underpinning hair drug testing, its evidential scope and limitations, and why it remains the gold standard for evidencing patterns of drug use in family proceedings
Unlocking your aged debt to fund your tax in one easy step. By Philip N Bristow
Clement Cowley, Partner at The Penny Group, discusses the upcoming changes to pensions and Inheritance Tax and the potential impact on your financial future
Save the Children UK is the latest charity to benefit from a £500 donation from AlphaBiolabs via the company’s Giving Back initiative
The Chief Legal Officer to the Metropolitan Police, barrister Brett Welch, tells Anthony Inglese CB about his mission and the work to turn the Met around
Barrister apprenticeships – shortly to provide the fourth pathway to the Bar – are an ideal opportunity to support local talent and ‘grow your own’, say Tim Coulson and Dr Jane Dennehy
Born from a grievance, their research project grew into a book and is now challenging the status quo. Emma Price and Emma-Louise Fenelon reveal the key findings – and the critical next steps
Grok around and find out – or not? Mariya Peykova investigates the nudification scandal, what the law has to say about sexually explicit deepfakes, and whether stronger regulation is needed
Oliver Lewis spotlights an overlooked yet rapidly evolving area of law – coercive and controlling behaviour within care contexts
