MCKENZIE FRIENDS: AN ABSURD DECISION

Kerry Underwood

In Ravenscroft v Canal and River Trust [2016] EWHC 2282 (Ch)

 

Chief Master Marsh gave guidance in relation to McKenzie Friends.

He stated that the starting point was to consider whether the applicant reasonably needed such assistance. If so the scope of that assistance should be determined and that required consideration of the applicant’s personal position, the context in which the application was made, the principles in the overriding objective and the guidance in Practice Notes: McKenzie Friends: Civil and Family Courts [2010] 1 WRL 1881.

Here the Master held that it was appropriate to appoint a McKenzie Friend and for him to have rights of advocacy, but that is “an exceptional course of action… only justified by exceptional circumstances”.

The Master said that the permission was not open-ended and could be withdrawn at any time if it was abused or if the McKenzie Friend sought to delay the…

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