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Litigation Letter

McKenzie friends welcome

In re O (children); In re WR (a child); In re W (children) CA June 22 Lawtel

The fact that cases were heard in private was all the more reason for judges to be astute to ensure that they behaved judicially at all times and were courteous and calm. Litigants in person were as entitled to a fair hearing as any other litigants. The three cases demonstrated the advantages of the presence of a McKenzie friend. In re G (a child) [2003] EWCA Civ 1055; [2003] 2 FLR 963 considered. Article 6 of the European Convention on Human Rights was engaged on an application by a litigant in person for the assistance of a McKenzie friend. There was a strong presumption in favour of a litigant in person being allowed the assistance of a McKenzie friend. A request should not be refused without compelling reasons, even where the proceedings related to a child and were being heard in private, R v Bow County Court, ex parte Pelling [1999] 1 WLR 1807 explained.

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