Can I Act as a McKenzie Friend?
If you are self-employed, you can act as a McKenzie Friend. This means you can take notes, offer advice and prompt responses to answers, whilst you client appears in court. It does not mean you can address the Court directly without permission from the court.
A McKenzie Friend does not have a right to conduct litigation or exercise a right of audience. The court may grant those rights in individual cases, but it is unlikely to do so.
As a McKenzie Friend, you can charge your client for your assistance. However, any costs claimed from the opposing party, if the claim is successful, are limited by the Civil Procedure Rules, to ‘litigant in person’ costs.
If a court authorises a McKenzie Friend to conduct litigation or exercise a ‘right of audience’, costs are not recoverable from the opposing party and you must make this clear to your clients.