The McKenzie Friends Guidebook
BY McKenzie Marketplace LTD,
152-160, Kemp House, City Road, London, EC1V 2NX
©McKenzie Marketplace Ltd 2017
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Contents
Introduction…………………………………………………………………………….……………………4
History……………………………………………………………………………………..………..…………5
What can McKenzie Friends do?.......................................................................7
What can McKenzie Friends not do?.................................................................7
The McKenzie Friends Marketplace.………………………………………………….…………..8
Recommendations……………………………………………………………………………....……..10
Benefits of McKenzie Friends…………………………..………………………...…….…..…...11
Regulations………………………………………………………………………….……………….…….13
Requirements of a McKenzie Friend…………..……………….…………………….....…….14
Creating a Trading Account………………………………………………..……………………….15
1.1 Business Account…………….…………………………………………………………………….15
1.2 Student Account…………….………………………………………………………………………16
Complaints Procedure…..………………………………………………..…………………………..19
1.3 Complaints Flow-Chart…………………………………………………………………………..20
Professional Indemnity Insurance….…………………………………………………………...21
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Cancellation Terms.……………………………………………………………………………………..22
Code of Conduct..………………………………………………………..………………………………24
1.4 Summary………..……………………………………………………………………………………..25
1.5 Code……………………………………………………………..……………………………………….26
McKenzie Friends Notice……………………………………….…………………………………….31
1.6 McKenzie Friends Notice Template.…………………….…………………………………32
Contact Details………..……….………………………………….……………………………………..33
Supported By………………………………….………………………………………………………..…34
Useful Links…………………………………………………………………………………………………35
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Introduction
The McKenzie Friends Marketplace has put together this guidebook
with the assistance of barristers, solicitors and academics for those
trading, or intending on trading, as McKenzie friends. This guidebook
provides information on how McKenzie Friends were established in the
legal system in England and Wales, what McKenzie friends can and
cannot do, recommendations which traders should strongly consider
when acting as McKenzie friends, benefits of hiring a McKenzie friend
and regulations and requirements surrounding McKenzie friends. It
also aims to provide information concerning the McKenzie Friends
Marketplace and the work we do to rejuvenate and reform the role
and regulation of fee-charging McKenzie Friends.
By reading this guidebook, we hope that you will be able to identify the
appropriate steps that you should take in order to ensure that you can
act as a McKenzie Friend with efficiency and effectiveness. This guide
aims to provide basic and essential information as well as useful and
helpful recommendations and guidance to becoming an effective
member of the McKenzie Friends Marketplace, McKenzie Friend and to
create an affordable, accessible and fairer justice system.
The Key to Accessible, Affordable and Fairer Justice
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History
Since the decision of the Court of Appeal in the case of McKenzie v
McKenzie [1971] a litigant-in-person has the right to have reasonable
support and assistance from a person who is without legal
qualifications and training; commonly known as laypersons.
Laypersons that assist litigants-in-person are commonly referred to as
McKenzie Friends due to the founding case of McKenzie v McKenzie.
McKenzie Friends traditionally were a litigant’s friend or family
member who would assist with the litigant’s case. Over time this has
developed as volunteers, law students, charities and solicitors, some of
which now charge a fee for their services, act as McKenzie Friends.
Those that charge litigants-in-person for their assistance are now
referred to as fee-charging McKenzie Friends. This role has been
gaining considerable momentum in recent years due to legal aid cuts
reducing funding specifically to certain areas of law, such as family,
debt, welfare and housing and the increasing cost of court
applications. This has resulted in litigants-in-person on low-incomes
being unable to pay for legal representation. However, the majority of
litigants require assistance during or throughout their case and so seek
the assistance of fee-charging McKenzie Friends as they are more
affordable with an average cost of £15-89 per hour and a typical day
rate of £150-£200.
The benefit to having the assistance of a McKenzie Friend is the sense
of support and guidance during a time which is usually very emotional
and complex. The legal system is not built for litigants-in-person, and
so court processes which litigants must follow can be difficult and
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confusing. Throughout the last decade, the demand for McKenzie
Friends has grown due to legal aid cuts, increasing court and legal fees
as well as everyday living expenses on the increase. Litigants-in-person
have benefited and will continue to benefit exponentially through the
affordable form of court and case support which McKenzie Friends can
provide.
The McKenzie Friends Marketplace aims to increase awareness of
McKenzie Friends to litigants-in-person and educate traders on
conduct, client care, professionalism and court etiquette to ensure
McKenzie Friends are competent, compliant and capable.
We hope to provide a McKenzie Friend to every litigant-in-person to
ensure accessibility to fair, efficient and effective support with an
outcome of accessible, affordable and fairer justice.
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What can McKenzie Friends do?
McKenzie Friends came into existence so that a litigant-in-person can
obtain reasonable assistance during and throughout civil and family
court proceedings. Although McKenzie Friends are unable to act as
advocates or carry out litigation, they can still provide a huge amount
of support in which enables a litigant-in-person to build a stronger and
more understandable case before a judge.
McKenzie Friends can sometime support litigants-in-person in a variety
of ways this includes providing moral support, taking notes of what is
going on during the court hearings, helping with the litigants’ case
documentation and organisation, whilst also providing legal or
practical advice to a litigant-in-person.
McKenzie Friends can stand before the court and speak on behalf of a
litigant-in-person; however, a McKenzie Friend has no legal right to
address the court without a judges’ approval. It must be noted that
should a McKenzie Friend mislead the court concerning his/her legal
right to address the court and be without the necessary qualifications
s/he would be committing a criminal offence under the Legal Services
Act 2007 section 17.
What can McKenzie Friends not do?
McKenzie Friends cannot act as an agent on a litigants’ behalf in
relation to proceedings, outside of court a McKenzie Friend is not
allowed to manage cases or sign any documentation concerning
anything to do with the case, including the proceedings.
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A McKenzie Friend does not have the automatic right to address the
court concerning any proceedings which s/he may deal with; this
includes making oral and written submissions and questioning
witnesses. McKenzie Friends, also cannot assist both parties in the
same case or the other party in another separate case due to a conflict
of interest that would arise. McKenzie Friends must then ensure they
only accept a client if they have made the appropriate checks to ensure
not conflict of interest is present.
At all times McKenzie Friends, must not discuss any clients, their cases
or any specific information in relation to their work and are to maintain
confidentiality before, during and after any work is conducted as a
McKenzie Friend.
The McKenzie Friends Marketplace
The McKenzie Friends Marketplace is a new, modern and innovative
platform that connects litigants-in-person with McKenzie Friends. This
platform acts as a voice, quasi-regulator and body to represent and
promote McKenzie Friends, whilst also protecting litigants themselves
and raising awareness of McKenzie Friends and the crucial services
they can provide to improve access to justice in England and Wales.
The platform itself provides clear and transparent information
concerning McKenzie Friends; including a guidebook on the history
behind their establishment in the English legal system, as well as the
regulations and requirements surrounding McKenzie Friends. In
addition to this guidebook, we also provide a range of other
documents in order to make as much information as possible
accessible and to maintain a high-standard. This includes a Code of
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Conduct, McKenzie Friends Notice, Creating a Trading Account and
Being a Customer documents, all provided to our members and the
wider public for free. These documents were created by the McKenzie
Friends Marketplace with the collaboration of academics, judges,
barristers, solicitors and our supporting organisations.
The McKenzie Friends Marketplace also provides a secure and
encrypted messaging system for its members and litigants-in-person to
utilise for confidentiality purposes, requiring no contact details to be
communicated between the parties. Our members also have a fee cap
in place on their hourly and daily rates varying depending on the
trading account; a business trading account will be capped at £90.00
per hour and £300.00 per day; student trading accounts will be capped
at £25.00 per hour and £100.00 per day. This is the maximum in which
our trading members can charge litigants for their services, not
including any package options.
As part of our Code of Conduct all our trading members have insurance
so litigants can be sure they are covered should something go wrong.
We also have a reviewing system on our website which allows litigants
that hire McKenzie Friends to give a star-based review publicly
available to our users, allowing litigants to make an informed decision.
The McKenzie Friends Marketplace takes complaints and breaches of
its Code of Conduct seriously. In order for our code of conduct to be
effective and enforced we operate an open complaints policy
concerning any trading member of our website. This means that should
counsel, judges or members of the public witness or experience
behaviour or actions which fall below our set requirements or
expectations we will review and take action on any provided
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information. A complaint can be made via our ‘Contact Us’ page
provided on the McKenzie Friends Marketplace website.
We aim to be the leading body which regulates and maintains feecharging McKenzie Friends in England and Wales, with the help and
support from our supporting organisations.
Recommendations
Acting as a McKenzie Friend is a supportive role, and it is
recommended that McKenzie Friends do not take on or assist in
multiple cases at the same time. This is to the benefit of both parties as
litigants-in-person usually require one-to-one support and assistance
and working with two or more litigants would be a detriment to this
role.
Whilst assisting a McKenzie Friend at court it is strongly recommended
that you do not remove or take control of any documentation in
relation, or that could be in relation, to the proceedings. McKenzie
Friends are required to keep all information and communication
confidential both during and after proceedings, and should have
procedures in place to dispose of any documents securely when no
longer needed.
We recommend that McKenzie Friends make clear, before becoming a
McKenzie Friend, to any litigant-in-person they will be supporting
whether they have obtained sufficient insurance and provide the
litigant with a CV including any experience in which would be beneficial
to a litigant-in-person.
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McKenzie Friends must ensure that they have filled in and submitted
any and all paperwork required by the courts before, during or after
they assist/support litigants with proceedings. A McKenzie Friend may
be required to submit documentation which identifies an individual as
a McKenzie Friend so that the court and judge can be certain of your
identity. Should a McKenzie Friend fail to provide such paperwork or
documentation, a judge may decide that you should not or cannot
provide assistance and will not be allowed to act as a McKenzie Friend.
All McKenzie Friends trading through the McKenzie Friends
Marketplace are responsible for registering with HM Revenue and
Customs, and they are to ensure that all the required and relevant
information is provide to any other relevant body in accordance with
the laws of England and Wales.
Benefits of McKenzie Friends
Legal aid cuts have, and continue to, impacted certain areas of law
such as family, debt, welfare and housing and as a result, McKenzie
Friends are needed now more than ever. A never-ending increase of
living-costs on the public is a key factor to litigants struggling or being
unable to afford legal representation such as a Barrister or Solicitor. A
McKenzie Friend can provide the support litigants-in-person need
during and throughout the course of proceedings at a more affordable
rate.
It is very common now for those that can afford legal advice, but not
court representation, to obtain a McKenzie Friend for court hearings.
McKenzie Friends have a low hourly rate and can provide support and
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guidance in combination with any legal advice or paperwork provided
by a solicitor or barrister.
McKenzie Friend’s can be extremely beneficial to litigants-in-person
due to the supportive role and assistance they can provide. Should a
litigant-in-person be presented with an imminent court date and be
unable to obtain legal representation they can have access to an
affordable McKenzie Friend in which will be able to assist with
organising paperwork and guiding a litigant through the legal
processes.
A McKenzie Friends role is to provide support and advice but leaves
you with the ultimate final decision and control. This allows a litigantin-person to decide on how his/her case is going to be approached and
s/he is going to present his/her case.
The judiciary has also seen the benefits of having a competent and
educated McKenzie Friend present. Litigants-In-Person usually have
not been to court, and so they are not aware of the processes and
procedures, as well as court etiquette. If a litigant-in-person has not
obtained legal representation or a McKenzie Friend, it can result in
delays on the court, commonly due to missing paperwork or lack of
evidence. Judges can be placed into a difficult position when a litigantin-person has no support or representation, especially in circumstances
where the other party is represented by a solicitor or barrister. This
creates an imbalance between both parties in being able to adequately
advocate their case, all of which the judge will consider when coming
to a decision.
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Regulations
McKenzie Friends including those that are fee-charging are not
necessarily regulated by any particular body or professional conduct
authority. However, McKenzie Friends are required to keep all
information and communication confidential during and after all
proceedings. McKenzie Friends who are qualified legal professionals
such as a barrister or solicitor can be subject to their regulatory body
concerning the assistance they provide as a McKenzie Friend.
The McKenzie Friends Marketplace has its own Code of Conduct in
which sets out basic and essential requirements in order to become
and remain a member. Should a report be made of a member acting
outside of, or in breach of this code, McKenzie Friends Marketplace
reserves the right to remove said member at any time without
warning. Should a report be made with serious implications concerning
a litigants’ case or amount to an offence, it shall be reported to the
relevant authorities in order for a full enquiry and investigation to be
conducted.
All reports will be considered and investigated provided that they are
credible and clearly communicated to the McKenzie Friend
Marketplace. You do not have to be a member or user of the
marketplace to make a complaint or report a breach. We seek the
assistance of the public, legal professionals and the judiciary to ensure
and maintain our standard by reporting to us any concerning or
potential breaches of our Code of Conduct by any trading member.
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Requirements of a McKenzie Friend
It is required that McKenzie Friends obtain adequate insurance to
cover themselves when acting as a McKenzie Friend and those they
assist. McKenzie Friends are liable to be sued in both contract and tort
by their clients if they, but not limited to, breach terms of their
contract or act negligently in the provision of their services.
McKenzie Friends are required to act professionally when providing
support to litigants and during court proceedings, McKenzie Friends
must follow the instructions of the courts and ensure that they remain
within the legal boundaries of their position.
Since McKenzie Friends are privy to confidential information in most
cases, it is required that all information and communication in which
concerns or may concern a litigants’ case be kept confidential at all
times both during proceedings and after completion of a McKenzie
Friends assistance. As a McKenzie Friend, you must ensure that your
communications with your client are kept confidential and secure, you
should take all reasonable steps to ensure that the method of
communication and storage of communications is reliable, safe and
protected. McKenzie Friends must adhere to any requirements arising
out of the Data Protection Act. It should be noted that the McKenzie
Friends Marketplace provides all its members with a secure messaging
system within its website and that it is recommended that this be the
only electronic form of communication.
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Creating a Trading Account
At the McKenzie Friends Marketplace, we offer two trading accounts
on our modern platform, these two accounts are comprised of a
business account and a student account. Individuals and businesses
that provide McKenzie Friend services are invited to create an account
and become a member. By taking a look at the below information on
registering an account you can be the key to unlocking accessible,
affordable and fairer justice.
Additionally, we provide law students with the opportunity to create a
student trading account. This is open to final-year LLB Law students or
equivalent; GDL graduates; Law graduates; BPTC and LPC
postgraduates. For these students, we hope to provide an exciting and
exclusive experience outside the traditional law firm and chambers
opportunities. It’s not only an opportunity to obtain in-court
experience, but to discover and gain skills firms and chambers desire,
such as client care skills and business management.
Business Trading Account
A business trading account can be created by going onto the ‘Become a
Member’ link on our website and selecting business. A registration
page specifically tailored to those operating both small and large legal
services businesses will present itself. The registration form will need
to be completed as fully as possible in order to make it through our
review process, key documentation that will need to be provided is a
copy of photographic ID, proof of address in the last three months, a
valid insurance certificate and a current photo of yourself.
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After completing the registration form you will then enter the review
process, where your application will be checked and approved. You will
then receive an email confirming your new membership with the
McKenzie Friends Marketplace. This will give you access to the
business account and dashboard. You can then begin to create your
own ‘Ad’ to go live on our marketplace. Under the “Marketplace Ad”
page, provided under the drop down in the top right-hand corner, you
will be presented with an editable page which will be displayed on the
McKenzie Friends Marketplace. In order to obtain the best results, we
recommend filling in this ‘Ad’ as much as possible, to give potential
clients as much information as possible to make an informed choice.
It is a mandatory requirement to provide a current photo of yourself in
the corresponding section of the ‘Ad’ and to provide a scan/copy of the
insurance certificate evidencing your professional indemnity insurance.
You will also be able to customise a provided table for the work and
services you are going to provide, there are three options to complete,
these being; Hourly; Daily and; Package. The hourly and daily rates are
capped at £90.00ph and £300.00pd for business accounts, there is no
cap on package options.
Package options can be comprised of multiple services for litigants at
one fixed cost to make it easier and more economical for litigants to
get everything they need for their upcoming court hearing.
Student Trading Account
A student trading account can be created by going onto the ‘Become a
Member’ link on our website and selecting student. A customised
registration page will present itself which will need to be completed as
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fully as possible in order to make it through our review process, key
documentation that will need to be provided is a copy of photographic
ID, proof of home address in the last three months, a valid insurance
certificate, proof of university degree or attendance and a current
photo of yourself.
After completing the registration form you will enter the review
process and your application will be checked and approved. You will
then receive an email confirming your new membership with the
McKenzie Friends Marketplace. This will give you access to the student
account and dashboard. You can then begin to create your own ‘Ad’ to
go live on the McKenzie Friends Marketplace. Under the “Marketplace
Ad” page, provided under the drop down in the top right-hand corner,
you will be presented with an editable page which will be displayed on
the McKenzie Friends Marketplace. In order to obtain the best results
we recommend completing this ‘Ad’ as fully as possible to give
potential clients as much information as possible to make an informed
choice.
It is a mandatory requirement to provide a current photo of yourself in
the corresponding section of the ‘Ad’ and provide a scan/copy of the
insurance certificate evidencing your professional indemnity insurance.
You will also be able to customise a provided table for the work and
services you are going to provide, there are three options to complete,
these being; Hourly; Daily; and Package. The hourly and daily rates are
capped for students at £25.00ph and £100.00pd, there is no capped
rate on package options.
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Package options can be comprised of multiple services for litigants at
one fixed cost to make it easier and more economical for litigants to
get everything they need in order for their upcoming court hearing.
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Complaints Procedure
The McKenzie Friends Marketplace’s success stems from its trading
members and so we endeavour to ensure a sufficient and professional
standard is established and maintained. We do this by providing a
guidebook, Code of Conduct and training in order to put our McKenzie
Friends in the best possible position to provide their crucial service.
It is also recognised that this system will only be effective if the wider
public and members of the legal profession are easily able to
communicate with us should a breach or failure of our policies occur.
This is why the McKenzie Friends Marketplace operates an ‘open
reporting policy’, meaning anybody can make a complaint regarding a
trading member of our marketplace. Should you be a customer, legal
professional or witness to a conduct breach we ask that you get in
touch with our customer service department via the “Contact Us” page
in order for your complaint to be processed.
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Complaints Procedure Flow-Chart
Complaint made via email/phone.
Identify the trading member.
If trading member, a breach
must be clearly identified from
the complaint.
Breach identified from complaint.
Must review full complaint to see if
it amounts to a breach under the
Code of Conduct.
If not a member, the complaint
fails.
If breach cannot be identified,
review conduct and see whether
another breach can be identified.
Contact trading member for
statement. Must be supplied within
14-days.
Statement considered and
Contact trading member for
applied to complaint.
statement. Must be supplied
within 14-days.
If no breach can be identified,
complaint will fail. Inform
complainant.
Statement considered and
applied to complaint.
The decision is provided to both the
complainant and trading member.
Decision made taking the full complaints; Code of
Conduct; and trading members statement.
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Professional Indemnity Insurance
It is a requirement under the McKenzie Friends Marketplace Code of
Conduct that all our trading members are insured to cover legal
expenses and compensation in the event that any of our traders are
sued. A McKenzie Friend can be sued in either tort or contract should a
McKenzie Friend act negligently or breach a condition or term agreed
on when contracting with a litigant, for example.
The McKenzie Friends Marketplace, in its review process, screens all
trading members concerning their insurance by requiring a certificate
to be supplied during the registration process. In addition, all trading
members are required to upload their insurance certificate to their
own advertisements on the marketplace itself. This provides all
potential clients with the opportunity to make sure their McKenzie
Friend is covered prior to hiring them.
We recommend speaking with QBE Insurance in order to obtain
professional indemnity insurance, or Arthur J Gallagher Insurance
Brokers to find a tailored package from a range of insurers. You can
find the relevant link on the ‘Useful Links’ page.
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Cancellation Terms
The McKenzie Friends Marketplace provides the below cancellation
terms should a McKenzie Friend fail to provide cancellation terms to its
clients. These terms will be enforced should a McKenzie Friend trading
member fail to resolve a dispute concerning a cancellation of accepted
services. We require that all clients attempt to contact the relevant
trading member to request a refund and that our trading members act
in accordance with the Consumer Rights Act 2015.
• All McKenzie Friend trading members and clients will have the right
to withdraw from an accepted transaction up to 48-hours before the
agreed start date. This will result in a full refund to the client and no
code of conduct enforcement.
• If a McKenzie Friend trading member or client cancels an accepted
transaction within 48-hours of the agreed start date the client will be
entitled to a full refund and has the right to make a complaint in
accordance with our complaints procedure.
• If a client’s court hearing or case is postponed, adjourned or
otherwise moved outside the agreed start date or time the client will
not be entitled to a full refund unless they provide 24-hour’s notice to
the trading member, or the trading member does not provide the
services paid for.
• It is to be noted that if a McKenzie Friend is present, but is unable
to speak on a client’s behalf due to a postponement, adjournment or
where a hearing is otherwise moved outside the agreed start date or
time will not constitute not providing services paid for.
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The terms set out in this guidebook will only be relevant and
implemented should the contracted McKenzie Friend fail to provide
the necessary cancellation terms in relation to an accepted
transaction. These terms do not affect your statutory rights.
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Code of Conduct
1. This document sets out the McKenzie Friends Code of Conduct
in which all members with a student or business account and
acting as McKenzie Friends must follow in order to remain a
member of the McKenzie Friends Marketplace.
2. This Code of Conduct has been created by the McKenzie
Friends Marketplace and shall be enforced by McKenzie
Marketplace LTD.
3. Should this Code of Conduct be breached by a member of the
McKenzie Friends Marketplace it will be at the discretion of
McKenzie Marketplace Ltd to terminate the breaching
members account.
4. If an investigation by the McKenzie Friends Marketplace
determines that a breach of the code of conduct amounts to a
criminal or regulatory breach it reserves the right to report such
a breach to the relevant authorities without notice.
5. It is recommended that all members take the time to review
this document carefully and ensure they adhere to all
conditions and requirements.
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Summary:
1. Remain professional, supportive, helpful and act with integrity
towards your clients and throughout your membership with the
McKenzie Friends Marketplace
2. Comply with all the requirements set out by the courts of
England and Wales
3. Ensure you and your client have completed and submitted any
required paperwork or documentation in relation to your
activities as a McKenzie Friend at the request of the courts of
England and Wales or member of the Judiciary
4. Act in the interests of fairness, justice and accessibility
5. Act in the best interest of each of your clients
6. Carry out your role to the best of your ability and within the
bounds in which the law allows
7. Comply with any regulatory body or authority in accordance to
your position/employment/experience/membership
8. Provide the services of a McKenzie Friend within the
jurisdiction of England and Wales
9. Communicate using the McKenzie Friends Marketplace website
messaging system, ensuring all communications are strictly
confidential and remain so.
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10. McKenzie Friends will not represent or assist both parties of the
same case or the other party in another case, to remain a
positive assistant to the court and act without a conflict of
interest.
11. Obtain sufficient insurance for the services provided to users of
the McKenzie Friends Marketplace.
Code:
1. Professional, Supportive, helpful and act with integrity towards
your clients
a) All members of the McKenzie Friend Marketplace must remain
professional, supportive, helpful and act with integrity towards
their clients to the degree expected of a regular professional
individual. McKenzie Friends must ensure they are in formal
attire when attending court to adhere to the dress code
required of them.
2. Comply with all the requirements set out by the courts of
England and Wales
a) All members of McKenzie Friends Marketplace must comply
with all the requirements set out by the courts within the
jurisdiction of England and Wales. This includes, but is not
limited to, submitting and providing court documents as
required or upon request, complying with instruction of a
member or representative of the courts and judiciary.
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McKenzie Friends must seek the clear and express approval
from both their client and the judge when addressing or making
submissions to the court.
3. Ensure you and your client have completed and submitted any
required paperwork or documentation in relation to your
activities as a McKenzie Friend at the request of the courts of
England and Wales.
a) All members of McKenzie Friends Marketplace must ensure,
when taking on a client, that you and/or the client have
completed and submitted the relevant paperwork or
documentation in relation to your activities as a McKenzie
Friend, should the courts of England and Wales or member of
the Judiciary request or require such paperwork.
4. Act in the interests of Fairness, Justice and Accessibility
a) All members of McKenzie Friends Marketplace must act, during
their membership, with the interests of fairness, justice and
accessibility at heart. To adhere to the provisions within the
Equality Act 2010 in providing everyone with the equal
opportunity to obtain your services as a McKenzie Friend.
5. Act in the best interest of each of your clients
a) All members of McKenzie Friends Marketplace must act in the
best interest of their clients before, during and after services
are or have been provided. This applies to all activities in
relation or concerning the role of a McKenzie Friend.
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6. Carry out your role to the best of your ability and within the
bounds in which the law allows
a) All members of McKenzie Friends Marketplace must carry out
your role as a McKenzie Friend to the best of your ability and
within the bounds in which the law of England and Wales
provides.
7. Comply with any regulatory body or authority in accordance to
your position / employment / experience / membership
a) All members of McKenzie Friends Marketplace must comply
with any regulatory body or authority which applies to you in
accordance, but not limited to, your position / employment /
experience / membership
8. Provide the services of a McKenzie Friend within the
jurisdiction of England and Wales
a) All members of McKenzie Friends Marketplace must only
provide their services through the marketplace website to
those within the jurisdiction of England and Wales and within
the courts of England and Wales.
9. Communication using the McKenzie Friends Marketplace
website messaging system only, ensuring all communications
are strictly confidential and remain so.
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a) When communicating with a client you must only use the
provided messaging system on the McKenzie Friends
Marketplace website so that communications remain protected
and to stay compliant with the Data Protection Act. The
exchange or communication of all email addresses and home
addresses is strictly prohibited in all communications including
on the McKenzie Friends Marketplace, unless prior approval
has been obtained from the McKenzie Friends Marketplace.
10. McKenzie Friends will not represent or assist both parties of the
same case or the other parties in another case, to remain a
positive assistant to the court and act without a conflict of
interest.
a) McKenzie Friends must make sure that there is no conflict of
interest when taking on and assisting a client. Conflict of
interest can arise if you represent or assist both parties to the
same case, or the other party from a previous case. It is a
McKenzie Friends duty to take the necessary precautions to
avoid a conflict of interest. McKenzie Friends are a positive
person and assistant to the court and must act so when
attending and assisting the court.
11. Obtain sufficient insurance for the services provided to users of
the McKenzie Friends Marketplace.
a) All trading members of the McKenzie Friends Marketplace will
obtain sufficient insurance in relation to the provision of
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services to users of the McKenzie Friends Marketplace. This will
most likely be in the form of Professional Indemnity Insurance.
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McKenzie Friends Notice
Previously, it was recommended that should a litigant wish to have a
McKenzie Friend accompany them in a hearing, that a notice be given
to the judge notifying him/her in advance that a McKenzie Friend
would be in attendance. It is for this reason that the McKenzie Friends
Marketplace created its own McKenzie Friend Notice (see page 20),
this notice is available should a McKenzie Friend or litigant wish to
provide notice to their judge that they wish to have a McKenzie Friend
with them.
We highly recommend that all litigants aim to complete and provide
this notice to the courts prior to entering at their scheduled hearing.
This notice expedites the process a judge would take when
determining whether a McKenzie Friend can act or speak on a litigants’
behalf. It does this by providing the necessary information for a judge
to determine whether the McKenzie Friend will be of any benefit or
competence in providing assistance.
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McKenzie Friend Notice
Please fill in this form, take it
to the hearing and hand it to
the court staff or judge.
Name of
Court:
Claim/Case
Number:
Case Name:
I am the Claimant / Defendant
Date:
in this case (put a line through
the one you are NOT) a hearing
is to take place on ……………….. at…………….. I am bringing a
McKenzie Friend with me to the hearing.
If the Judge agrees, do you want the McKenzie Friend to speak for you
at the hearing? Yes / No
The McKenzie Friend is (please tick)
1. A relative (please specify) (……………….)
2. A friend / neighbour / colleague / other (please specify) (……………..)
3. a voluntary advice agency worker
4. a person I am paying to help in this case/hearing
If you have ticked number 4, please provide what organisation, body or
association the person belongs to:………………………………………………………..
Please provide in the below box any relevant qualifications or
experience your McKenzie Friend has to assist you: ……………………………
The McKenzie Friend should complete below:
1. Have you read the Practice Guidance for McKenzie Friends?
Yes/No
2. Do you agree to comply with them? Yes/No
3. Do you have a legal qualification?
Yes/No
Qualification:………………………….
4. Are you regulated by any other Codes of Conduct or
Membership Rules? Yes/No If yes, what
body?:…………………………………………………………………………….
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Contact Information
Address: McKenzie Marketplace Ltd, 152-160 Kemp House, City Road,
London, EC1V 2NX
Phone: 02036934467
Email:




[email protected]
[email protected]
[email protected]
[email protected]
Website: http://www.mckenziemarketplace.co.uk
Facebook: @mckenziemarketplace
Twitter: @mckenziemarket1
LinkedIn: McKenzie Friends Marketplace
Companies No: 10351194
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Supported By:
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Useful Links
For information on the McKenzie Friends Marketplace:
http://www.mckenziemarketplace.co.uk
For information on registering with HM Revenue and Customs:
https://www.gov.uk/working-for-yourself
For information on McKenzie Friends:
https://www.judiciary.gov.uk/wpcontent/uploads/JCO/Documents/Guidance/mckenzie-friendspractice-guidance-july-2010.pdf
For more information on BPP Law School:
http://www.bpp.com/bpp-university/about/schools/law
For more information on our insurance broker:
http://www.ajginternational.com/expertise/professional-indemnityinsurance/
For more information on our insurer:
http://www.qbeeurope.com
Disclaimer: All information is correct at time of printing.
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