18th July 2010

Family law solicitors in London, Brighton and throughout the country, and parties to all family law cases, should be aware that new guidance on the use of McKenzie Friends in the civil and family law courts has recently been issued.

The Master of the Rolls, Lord Neuberger of Abbotsbury, and the President of the Family Division, Sir Nicholas Wall have issued the guidance to supersede Practice Note - Family Courts: McKenzie Friends, 14 April 2008, and it is their intention that family law practitioners, including court personnel and litigants in person, should be reminded of the permitted role of a McKenzie friend.

A McKenzie Friend, for instance, may give quiet advice to a divorce litigant on aspects of the case, but they are not permitted to directly address the court, make oral submissions or examine witnesses.

The new clarification has been welcomed by organisations such as Families Need Fathers (FNF) which value the recognition that litigants in person need assistance and that the current economic climate may prohibit some parties to a divorce from getting the legal advice that they may need.

FNF has, however, expressed concern regarding certain provisions for litigants to be denied the presence of a McKenzie Friend in court.

FNF Policy Officer, Becky Jarvis, said, "We hope that [paragraph 13] does not limit or restrain the support that a McKenzie Friend can provide in court which generally supports the efficient administration of justice.

"We are pleased that remuneration is specified, although we believe that to further support the litigant in person, costs need to be recoverable if costs are made against the opposing party."

A downloadable version of the new guidance for family law solicitors in London, Brighton and elsewhere in England and Wales is available at www.familylaw.co.uk.