Source: All England Reporter
Publisher Citation: [2005] All ER (D) 238 (Jun)
Neutral Citation: [2005] EWCA Civ 759
Court: Court of Appeal, Civil Division
Judge:

Thorpe and Wall LJJ
Representation The three appellants appeared in person.
  Meena Gill for the respondent in the case of W-R.
  Duncan Watson for the respondent in the case of W.
  Robin Spon-Smith as advocate to the court.
Judgment Dates: 22 June 2005

Catchwords

Children - Care proceedings - Legal representation of parties - Instruction of McKenzie friend - Disclosure of documents to McKenzie friend - Disclosure to outside bodies.

The Case

In allowing the three appeals of litigants in person, the court offered guidance as to the presence of a McKenzie friend in private family law proceedings, and the disclosure of court documents to the McKenzie friend, in that regard. The court endorsed the proposition that the presumption of allowing a litigant in person the assistance of a McKenzie friend was very strong, and that such a request should only be refused for compelling reasons. Additionally, there was no reason in principle why a litigant in person should not disclose the court papers to his court sanctioned McKenzie friend, nor why an outside body such as a local government ombudsman, should not be allowed to use the documents for an appropriate statutory purpose.

Practice Areas

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