Lay representation in civil proceedings

Swingeing cuts are causing mass deprivation of access to justice for the very citizens who need it most. A damning indictment for any society which prizes rule of law.

dbfamilylaw

20160419_170156McKenzie friends in 2019: a debate….

Reforming the courts’ approach to McKenzie Friends , Consultation response of February 2019 from the Lord Chief Justice’s office is a disappointing document. It recites the questions the consultation raised and summarises the replies for and against each question (as a good judge does of the competing adversarial system arguments before the court). Its recommendations – one page of double spaced text (page 3) can be stated (as I believe correctly) as:

‘The role of the judiciary is to apply the law concerning the provision of legal assistance, the right to conduct litigation and rights of audience according to the law established by the Legal Services Act 2007, the common law and precedent.’

It goes on to set out the concern of the Judicial Executive Board (JEB) that lay representatives (also called ‘McKenzie Friends’) ‘in effect provide professional services for reward’ when such representatives…

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