Page 234 - Bundle for MF Final

Bates no 233

24. The current Guidance "Practice Guidance: McKenzie Friends (Civil and Family

Courts)" dates from July 2010. Guidance produced in 2015 from the President's
Office- McKenzie Friends states:

"A litigant in person wishing to have the help of a MF should be allowed to do
so unless the judge is satisfied that fairness and the interests of justice do not
so require. The presumption in favour of permitting a MF is a strong one."

25. The Claimant does not object to the appointment of a McKenzie friend to assist the

first Defendant. He is not attempting to secure a tactical advantage or to exploit an
inequality of arms. His objection is to the appointment of her father.

26. The reality is that the first Defendant has chosen to act in person. Her father (as is
clear from the long document produced in support of the application) has a great deal

of personal knowledge about, and a personal antipathy towards, the Claimant. He was

involved, it seems, in the family proceedings and sets out his recollection of those
proceedings.

27. Mr Comer clearly believes that the Claimant has wronged his daughter and will not be
able to being any objectivity to the litigation. From the documents prepared in support

of the application it appears that the first Defendant may rely on her father as a

witness in the proceedings; if so, he should not be permitted to act as her McKenzie
friend.

28. Applying the 2010 Guidance, the court should be slow to allow Mr Comer to be

involved as a McKenzie friend. Para 13 of the Guidance states:
A litigant may be denied the assistance of a MF because its provision might
undermine or has undermined the efficient administration of justice. Examples
of circumstances where this might arise are:
i) the assistance is being provided for an improper purpose;
ii) the assistance is unreasonable in nature or degree;
iii) the MF is subject to a civil proceedings order or a civil restraint
order;
iv) the MF is using the litigant as a puppet;
v) the MF is directly or indirectly conducting the litigation;
vi) the court is not satisfied that the MF fully understands the duty of
confidentiality

29. Even if the court permits Mr Comer to act as McKenzie friend, Mr Comer should not
be granted rights of audience. Paragraphs 18-22 of the 2010 Guidance are clear: this is

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