Dear tonybussom
The term you refer to is actually is spelt ‘Mackenzie friend’.
An unrepresented defendant at a criminal court, or litigant at a civil
court, or any party in a tribunal, may apply to the court to permit a
friend or adviser to sit next to them in court and give them advice or
to take notes. The friend is not permitted to address the court.
"Liberty Guide to Human Rights
Lastly, if you are not represented, you are still entitled to have a
friend or adviser to sit with you in court to give you advice and help
take notes. This person is referred to as a Mackenzie friend, and
cannot speak for you in court."
Source
http://www.yourrights.org.uk/your-rights/chapters/the-rights-of-defendants/representation-and-legal-aid/advice.shtml
The term is said to originate in a case from 1971, MacKenzie v.
MacKenzie
Source
http://www.jspears.com/casesum.htm
The entitlement to have a friend in court is not set out in Statute
(Acts of Parliament) but through Case Law (decisions made during
various court cases).
Below is an extract from one case where the Mackenzie friend helped
several people and wished to address the court. The judgement usefully
summarises the role of the Mackenzie friend.
Paragon Finance v Noueiri [2001] WLR 2357 Review of the the right of
an unrepresented litigant to be assisted by an unqualified helper or
MacKenzie friend, particularly where the lay representative frequently
seeks to appear before the court for the purpose
"………it is worth mentioning some important principles governing
Mckenzie friends. The development of this jurisprudence is set out in
the judgment of Otton LJ in the Divisional Court in R v Bow County
Court ex p Pelling [1999] 1 WLR 1807, 1811B-1813, in a passage
approved by the Court of Appeal at p 1826B. Three principles are worth
noting from the judgments in this case:
i) A McKenzie friend has no right to act as such: the only right is
that of the litigant to have reasonable assistance (see p 1824G.)
ii) A McKenzie friend is not entitled to address the court (see pp
l823E,1824G.) If he does so, he becomes an advocate and requires the
grant of a right of audience under section 27.
iii) Generally, a litigant in person who wishes to have a McKenzie
friend should be allowed to do so unless the judge is satisfied that
fairness and the interests of justice do not so require (see pp 1827D
and 1823G). However, the court can prevent a McKenzie friend from
continuing to act as such where the assistance given is inimical to
the efficient administration of justice, for example where the friend
is indirectly running the case or using the litigant as a puppet (see
pp1823G-1824A, 1824E, 1825D-F). …( )…..In R v Leicester City
Justices ex p Barrow [1991] 2 QB 260 Staughton LJ described the
court's power to control the activities of a McKenzie friend in these
terms:
"An assistant can be ordered to stay away from the litigant or to
leave the court if he is disorderly, just as any member of the public
can be removed. If he wastes time unnecessarily, as by prompting the
litigant to ask irrelevant questions, or causing delay by long
consultations, he should be warned; and if this conduct persists his
assistance should be terminated. Courts already have, on occasion, the
task of controlling professional advocates and litigants and persons
who cause unnecessary delay ..."...."
Source
http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWCA/Civ/2001/1402.html&query=mackenzie+friend&method=phrase
In Izzo v Philip Ross The Times 9.8.01 "An application (in the
Chancery Division) by a litigant in person to be represented by a
MacKenzie friend had to be considered with care and on a case by case
basis; it was an indulgence which would not be lightly granted"
http://www.barrieoncompensation.co.uk/cpr_case_digest.htm
If you wish to know more on Mackenzie friends and how they were
involved individual cases you may find it useful to access this site
of Case Law reports.
This link should take you to the search engine and the terms Mackenzie
friend.
http://www.bailii.org/cgi-bin/sino_search_1.cgi?method=phrase&query=mackenzie+friend&results=50&submit=Search&rank=on&callback=on
If not go to this site and search the phrase Mackenzie Friend.
http://www.bailii.org/
I hope this answers your question. If it does not, or the answer is
unclear, then please ask for clarification of this research before
rating the answer. I shall respond to the clarification request as
soon as I receive it.
Thank you
answerfinder
Search strategy
I knew the term ‘mackenzie friend’ and the source for Case Law
reports.
"mackenzie friend"
://www.google.com/search?hl=en&lr=&ie=UTF-8&oe=UTF-8&q=%22mackenzie+friend%22&btnG=Google+Search |
