McKenzie Friend in UK courts. What they do and how to bring one.
If you're representing yourself in court, you don't have to be alone. A McKenzie Friend is a non-lawyer who can sit beside you during hearings, take notes, pass you documents, and whisper advice while you speak. They can't argue your case for you, and they can't sign court documents. But for someone facing a court without a solicitor or barrister, they can make the difference between feeling lost and actually knowing what's happening.
The role is almost 60 years old, born from a single court case. Today it's more common than people realise, used in thousands of hearings every year. Yet many litigants in person don't know they exist, and many judges don't know the rules around them.
Here's what you need to know if you're thinking about bringing one.
The short version
A McKenzie Friend is a non-lawyer, non-qualified person who sits with you in court and helps you conduct your case. They can take notes, advise you quietly, help you find documents, pass you pen and paper. They cannot speak in court on your behalf, sign documents, or attend meetings without you.
You need the judge's permission to bring one. Permission is usually granted unless there's a good reason to refuse. If your McKenzie Friend misbehaves in court, the judge can exclude them.
McKenzie Friends can be family members, friends, charity volunteers, or paid professionals. Paid McKenzie Friends charge between £40 and £150 per hour, though some specialists charge more.
At a glance
| What they can do | What they cannot do | |
|---|---|---|
| Sit beside you in court | Yes | |
| Take notes and advise you quietly | Yes | |
| Help you organise documents | Yes | |
| Pass you pen and paper mid-hearing | Yes | |
| Attend mediation or negotiation meetings with you | Yes (if permitted) | |
| Speak in court for you | No | |
| Question witnesses on your behalf | No | |
| Sign court documents | No | |
| Conduct negotiations alone | No | |
| Act as your solicitor or barrister | No (unless they have rights of audience) | |
| Attend settlement discussions without you | No |
The origin: McKenzie v McKenzie, 1970
The role was born in a single case. In 1970, in McKenzie v McKenzie, a man named Mr McKenzie wanted to represent himself in a family court hearing. He asked a law student to sit beside him and whisper advice. The judge said no. The case went to appeal.
Lord Denning, the most famous judge of his era, ruled that a litigant in person had a right to have someone sit beside them and give quiet advice. That right existed in common law. Nobody had needed to say it out loud before because, historically, almost everyone had a lawyer.
That ruling created the role. It was formalised later in "Practice Guidance: McKenzie Friends (Civil and Family Courts)" in 2010, which set out the rules more clearly. Today, nearly 60 years on, the role is governed by that guidance and refined by later court decisions.
What a McKenzie Friend does: day to day
Imagine you're in a civil case against a property developer. You're representing yourself. You've done a lot of preparation, but you're nervous about cross-examination. You bring a McKenzie Friend to the hearing.
The hearing starts. You sit in the witness box. The other side's solicitor stands up to cross-examine you. Your McKenzie Friend sits behind you, just outside the court box, where you can turn slightly and see them.
The solicitor asks a difficult question. You pause. Your McKenzie Friend catches your eye and nods slightly, reminding you of something you discussed. Or they scribble a note and slide it to you: "Remember the email from 12 April." You have a second to think. Then you answer.
Later, you're going to present a document to the judge. You fumble looking for it. Your McKenzie Friend quietly slides you the exact page, already marked. The judge sees you're organised. You're ready.
When your solicitor makes a technical legal argument, your McKenzie Friend is taking notes so you can review exactly what was said, word for word, later. That becomes useful if you appeal.
The hearing ends. You've presented your case. It wasn't perfect, but it was competent. And you didn't do it alone.
That's what a McKenzie Friend does. They make you more capable, more organised, less panicked. They don't win the case for you. You have to do that. But they give you tools to win it yourself.
What a McKenzie Friend cannot do
Here's what they cannot do. These rules are strict and enforced.
A McKenzie Friend cannot speak in court unless the judge gives them specific permission to do so (which is rare). You have to speak. You have to ask the questions. You have to make the submissions.
If a McKenzie Friend is caught speaking without permission, the judge can exclude them from the rest of the hearing.
They cannot sign court documents. Any document that goes to the court must be signed by you, the litigant. If a McKenzie Friend signs it, it's invalid.
They cannot conduct negotiations or settlement discussions on your behalf. They can attend with you, take notes, advise you quietly. But you have to be the one speaking to the other side.
They cannot represent you if you're not there. A McKenzie Friend's role only exists when you're present and actively conducting your case.
If they start acting like a lawyer (giving clients independent legal advice, running a practice, holding client money), they've crossed into "unauthorised practice of law" which can get them into trouble.
Getting permission: how to ask the judge
You need the judge's permission to bring a McKenzie Friend. The permission is for one hearing at a time. If you want them to attend multiple hearings, you have to ask at each one (though judges usually refresh permission automatically).
How you ask depends on what stage the case is at.
If you're at the start, before the main hearing, you can write a letter to the court explaining that you plan to bring a McKenzie Friend and why. Include the person's name and a brief explanation of their role. File this letter as a formal application. Do not assume the judge will refuse. Most judges grant permission. Some judges grant it automatically if both sides agree.
If you're in a hearing and you want to bring a McKenzie Friend who you haven't mentioned before, tell the judge at the start. Stand up and say "Your Honour, I have brought a McKenzie Friend to assist me. Their name is..." The other side can object, but they have to have a good reason. Usually the judge will allow it.
If you're worried about whether the judge will allow your particular person, ask in advance by letter. Some McKenzie Friends are professionals with lots of experience. Some are first-timers, maybe a family member. If you've got someone controversial (perhaps someone with a criminal record, or someone who's been disruptive in court before), ask in writing and explain why they're suitable.
When judges say no
Most judges say yes. But some say no. These are the main reasons a judge might refuse:
The person is there to provide legal representation, not support. If it's clear you've brought them to be your secret barrister, the judge will refuse.
The person has disrupted court before. If they've been excluded from court in the past, or if they've spoken out of turn or been rude, the judge might refuse.
The person has financial interest in the case. If they stand to benefit if you win, that's a problem. This is less common, but it matters.
There's an actual conflict of interest. For example, if the person is a potential witness in the case, they can't also be your McKenzie Friend.
The case is extremely sensitive. Some family court cases involving children have reporting restrictions and security concerns. A judge might refuse extra people in these situations.
The court is extremely busy. Very rarely, a judge might say no because the courtroom is packed and there's literally no room.
Free vs paid: family, volunteers, and professionals
Most McKenzie Friends are unpaid. A family member (spouse, parent, adult child) often takes on the role for someone they care about. Friends do it too. Charities like Citizens Advice sometimes provide McKenzie Friends for people who can't afford help.
But there's a growing profession of paid McKenzie Friends. These are people who have done it dozens or hundreds of times. Some are retired lawyers. Some are paralegals who decided to go independent. Some are people with no law background who just became very good at the job.
Paid McKenzie Friends typically charge between £40 and £150 per hour. Specialists in complex cases (commercial disputes, professional negligence) might charge more. A typical day in court might cost £500 to £800.
If you use a paid McKenzie Friend, make sure they're clear about what they're offering. Some are trained. Some are not. Ask about their experience. Ask for references if you can. Make sure you understand what you're paying for.
The Society of Professional McKenzie Friends maintains a directory and a code of conduct. If you're looking for a professional, that's a good place to start.
The legal rules: what the courts say
The rules come from two main sources.
The 2010 Practice Guidance sets out the basic framework: a litigant in person has a right to reasonable assistance, the judge grants permission, the McKenzie Friend stays quiet unless there's an emergency, they can't speak unless given special permission by the judge.
Courts since 2010 have added detail. In 2015, in a case called Agassi v Robinson, the Court of Appeal said that McKenzie Friends have a limited right to conduct litigation on your behalf if the judge gives permission. This is rare. It requires the judge to specifically say so in open court. Most judges don't grant this permission. If they do, it means the McKenzie Friend can do things they normally can't, like sign documents or attend meetings alone. But even with this permission, they're not your lawyer and they can't charge professional fees.
In practice, most of the rules come down to: you're running your case, they're helping you run it, and the judge has the ultimate power to throw them out if they misbehave.
Common misconceptions
"I need a lawyer to bring a McKenzie Friend." Not true. A McKenzie Friend is specifically for people who don't have lawyers.
"A McKenzie Friend is the same as a paralegal." Different. A paralegal usually works for a law firm under supervision. A McKenzie Friend works for one person in one case.
"A McKenzie Friend can only be a lawyer." No. They don't have to be qualified at all. The whole point is they're someone who's not a lawyer.
"The judge has to allow my McKenzie Friend." The judge has discretion. They usually say yes, but they don't have to. If your McKenzie Friend is likely to disrupt the court or act like a secret lawyer, the judge might refuse.
"My McKenzie Friend can go to all my meetings with my solicitor." No. A McKenzie Friend's role is in court, not in solicitor meetings. Your solicitor might let them attend, but they don't have to.
"I can bring multiple McKenzie Friends." Technically yes, but the judge is more likely to refuse if you're bringing a whole entourage. One is normal. Two is unusual but sometimes happens. Three or more is very unusual and judges often say no.
Related concepts
These terms come up in the same conversations and are useful to understand:
- Litigant in person. Someone representing themselves in court without a solicitor or barrister.
- Rights of audience. The legal right to speak in a particular court on behalf of a client. Only lawyers with specific qualifications have this right.
- Direct Access barrister. A barrister who can take instructions directly from members of the public without going through a solicitor. More expensive than a McKenzie Friend but cheaper than a traditional barrister-plus-solicitor route.
- Solicitor-advocate. A solicitor with higher rights of audience, allowing them to appear in higher courts.
- Counsel. Another word for barrister.
- Chambers. The shared office where barristers work (most of the time).
- Chambers'. The possessive form, often used to mean "the barrister's office". "I'll meet you at chambers" means meet the barrister at their office.
- The Inns of Court. Four historic institutions that admit people to the Bar. Barristers must belong to one.
- Pupillage. A barrister's one-year apprenticeship.
Sources
The information on this page is based on:
- Practice Guidance: McKenzie Friends (Civil and Family Courts), January 2010. The judiciary of England and Wales. https://www.judiciary.uk/
- The Civil Procedure Rules, Part 1, which governs civil court procedure. https://www.gov.uk/civil-procedure-rules
- Agassi v Robinson [2015] EWCA Civ 1154. Court of Appeal decision on McKenzie Friend conduct of litigation.
- Citizens Advice: Representing yourself in court. https://www.citizensadvice.org.uk/
- The Law Society guidance on McKenzie Friends. https://www.lawsociety.org.uk/
UK court procedures and legal roles change occasionally. Check the judiciary website and Find Case Law for the most current guidance.
A note on what this page is and isn't
This is information about how the UK legal system works, not personal legal advice. If you have a specific legal problem, talk to a solicitor about it. A McKenzie Friend might help you represent yourself, but they're not a substitute for legal advice when your case is complex.
CaseCalm helps people understand court procedure and draft their own documents. We are not a law firm. We are not regulated by the SRA. When your situation needs real legal advice, we help you find a solicitor or a Direct Access barrister.
Written by Peter Kolomiets. Reviewed for accuracy 2026-05-27. Comments or corrections to peter@casecalm.com.