IN THE ____________ COURT No of Matter: _____
To: The Clerk to the Court
Dear Sir,
A FRIEND IN COURT
I continue to act in person in all aspects of this matter.
At the hearing before ___________________ on ________,
it is my intention to act in person and be accompanied by a friend.
Litigants in person are entitled to the presence of a friend
(sometimes known as a McKenzie person) arising from the following:
- Rules of the Supreme Court, Order 35 rule 7/1.
- County Courts Act 1984, Section 60 (notes)
- McKenzie v McKenzie [1970] 3 WLR 472
In order to avoid unnecessary delay on the day of the hearing,
please will you place this letter before the judge and advise me
if there is any objection to my proposed course of action.
Yours faithfully,
(Litigant in person)
BACKGROUND
The Court of Appeal ruling on McKenzie, which endorsed the precedent
for a friend in court, did in fact relate to a divorce action heard in
chambers, where the judge had wrongly debarred the "friend" of a litigant.
The McKenzie ruling upheld that of Lord Tenterden in Collier v Hicks
[7 June 1831] which stated that :
"Any person, whether he be a professional man or not, may
attend as a friend of either party, may take notes,
may quietly make suggestions, and give advice .."
David Cannon
Originally published - 1989