Scotland Welcomes McKenzie Friends
6th January 2011
New rules on the use of so-called 'McKenzie Friends' in Scotland's sheriff courts came into force on 1 January 2011 to the welcome of such organisations as Consumer Focus Scotland following lengthy campaigning for reform of the country’s civil justice system.
Essentially, a McKenzie Friend is a non-legally qualified individual whom a party to a court case may bring to court with him/her to assist in the conduct of litigation. The name comes from an English divorce case, McKenzie —v— McKenzie. The idea is that if a party may bring a friendly, knowledgeable helper to court, then this should make the whole experience of appearing before a sheriff less daunting.
Last year a public petition was laid before the Scottish Parliament calling for the introduction of McKenzie friends in this country, whereupon Lord President Hamilton undertook to investigate the issue.
The new rules are contained in Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) (No.2) 2010.