McKenzie friends and bailiff related proceedings

 

When legal expenses are a problem, consider a McKenzie friend to help you at court.

McKenzie friends are often not legally qualified. That doesn't mean they lack experience and knowledge in their particular field.

Enforcement redress is practiced by few solicitors making it an under-served area of law.

McKenzie friends are not constrained by financial limits, hourly rates and disbursements for everything including filing fees. The job is done for a fixed fee.

They can only advocate if the court gives permission. Workarounds are available if rights of audience is denied. The methods are not suitable for publication.

A McKenzie Friend will always prepare a case with an appeal strategy. That means your case must be a winnable one. If your claim fails, you execute the appeal strategy. Otherwise, it is not worth bringing the case.

Appeal strategies are essential. Judges have a perceived moral duty to aside a bailiff regardless the debtor’s cause of action if he is not represented. The appeal strategy applies when a judge goes behind a point of law or a fact. That attracts the right to have a solicitor represent you and your legal costs paid if the appeal comes out in your favour.

 

Civil proceedings.

You cannot recover legal fees in claims under £10,000. Neither can the other party regardless the outcome of the claim. You only get court fees and travel expenses. Having a McKenzie Friend is perfect. If your claim fails, you cannot be ordered to pay the other party’s costs and you can have a solicitor represent you in your appeal.

 

Criminal Proceedings.

A McKenzie friend can request right of audience. If the court denies, the defendant can adjourn the case to arrange paid representation. If the court denies a request for representation, any conviction that follows may not be safe because the defence was not delivered and witnesses not cross-examined. The prosecution fails because the defendant was denied a fair trial.

 

- Jason Bennison