McKenzie's Friend

The original McKenzie Friend was an Australian barrister in London, Ian Hanger, now a QC, whose qualifications in law in Australia did not allow him to practise as a barrister in London. Hanger was sent the brief by the firm of solicitors, Geoffrey Gordon & Co for McKenzie one day prior to the hearing. McKenzie was unable to afford legal assistance, didn't qualify for legal aid, and had not maintained consistent contact with Gordon. Hanger sat with his client to provide what quiet assistance he could from the bar table to a man representing himself. The trial judge asked Hanger to desist from doing what he was doing and this became the basis of the appeal by Gordon against the judgment against McKenzie

The appellant challenged a community charge liability order in which justices had refused an application made on his behalf for a friend to be allowed to sit with him to give advice and assistance. Held: "A party to proceedings has a right to present his own case and in so doing to arm himself with such assistance as he thinks appropriate, subject to the right of the court to intervene ….. if a party arms himself with assistance in order the better himself to present his case, it is not a question of seeking the leave of the court. It is a question of the court objecting and restricting him in the use of this assistance, if it is clearly unreasonable in nature or degree or if it becomes apparent that the 'assistance' is not being provided bona fide, but for an improper purpose or is being provided in a way which is inimical to the proper and efficient administration of justice by, for example, causing the party to waste time, advising the introduction of irrelevant issues or the asking of irrelevant or repetitious questions." The court expressed its hope that as regards the term 'McKenzie Friend': "the fervent hope …. that we shall hear no more of "McKenzie friends" as if they were a form of unqualified legal assistant known to the law." Such terminology obscures the real issue which is fairness or unfairness. Let the term "McKenzie friend" join the "Piltdown man" in decent obscurity." On the facts "I cannot be sure that the applicants were not prejudiced and accordingly I have no doubt that the justices' order should be quashed."