News In Focus

4 March 2010

Which? steps up pressure over McKenzie Friends

Which? has raised concerns about aspects of Lord President Hamilton’s plan to introduce McKenzie Friends in the Scottish courts, in a letter to the Scottish Parliament’s Public Petitions Committee,

Deborah Prince, head of legal services, wrote: “We are concerned that Lord Hamilton proposes a McKenzie Friend should be required to have 'relevant experience' and not be related to the litigant.

“We see absolutely no reason why this information should be requested or relevant in granting permission for a McKenzie Friend. We do not believe, for instance, that a husband or wife should be prevented from acting in this capacity, where the litigant feels this would be helpful. Therefore the proposal that the MF should have no interest in the case is extremely unhelpful.”

Last week, Lord Hamilton indicated that he would now allow people representing themselves in civil cases to be accompanied by another person to help them navigate the case.

His announcement came after campaigner Stewart Mackenzie laid a petition before the Scottish Parliament calling for McKenzie Friends to be allowed in civil cases in a similar system to that already employed in England.


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