§ Mr. Jim CunninghamTo ask the Parliamentary Secretary, Lord Chancellor's Department under what circumstances a McKenzie Friend(a) can and (b) cannot be used in court; and in which type of courts they are used. [44804]
§ Ms Rosie WintertonThe judgment in the 1999 Court of Appeal case of R.v. Bow County Court, ex parte Pelling confirms that litigants in person should be allowed the help of a McKenzie Friend in public proceedings, held in open court or in chambers, unless the judge is satisfied that fairness and the interests of justice do not require it.
In an open court hearing there usually must be some justification established if a person is not to have the benefit of a McKenzie Friend, or some evidence that the McKenzie Friend has acted or is acting inappropriately at the hearing which makes it reasonable to deprive the litigant of the assistance which would otherwise be permitted.
Where the proceedings are held in private then the nature of those proceedings (which make it appropriate for the hearing to be in private) may make it undesirable in the interests of justice for a McKenzie Friend to assist.