Using a Mckenzie Friend for CCJ Removal Services

Going to court is a stressful experience. As regulated solicitors, we can make this experience easier for you.

We understand that not everyone can hire a solicitor. Somethings, the only option for you might be to represent yourself in court.

Having someone who can encourage and help you in court can make a big difference if you represent yourself.

People who offer these legal support services are known as McKenzie Friends.

However, The Legal Services Act 2007 and the Solicitors Regulation Authority Prosecutions Department take a dim view of this and intervene.

Intervention often involves the Police if they are masquerading as a firm of Solicitors!

Should I use a McKenzie Friend to remove by CCJ?

The short answer is no.

Firstly, taking steps in litigation or actions which are ancillary to litigation is a reserved activity.

Meaning only Solicitors and Barristers can act in Court for you. Unregulated persons are not permitted to offer this service, appear for you at Court, or even write to the Court on your behalf. 

Secondly, there is a practical reason why you should not use a paid-for McKenzie Friend. McKenzie Friends cannot appear for you at Court as they have no rights of audience. McKenzie Friend will often simply draft the letters for you and arrange for you to send these letters off to the Court.

The practical reason for not using a McKenzie Friend to do this is simply that the Court Rules do not permit it!

We would urge you to review the Civil Procedure Rules Part 40.6. If you were to apply to Court using a McKenzie Friend for an Order by Consent to remove your CCJ the Court should not permit this. (The precise rule is 40.6 (2) (b) – none of the parties is a Litigant in Person.)

This means if you apply on your own or through the McKenzie Friend for a Consent Order the Court will not permit the Consent Order because the CPR Rules state that only parties who have proper legal representation can apply for Consent Orders. This means you will have wasted your money and the Court fee. Proper representation is using a firm of Solicitors, not a McKenzie Friend or a firm of Paralegals.

Is using a McKenzie Friend or Paralegal is a Waste of Money?

If you were to continue with your Court Application to remove the CCJ using a paid-for McKenzie Friend in fact, the Application that you should make is a contested Application on Form N244 paying a Court fee of £255.00.

Worse is to come because the McKenzie Friend does not have rights of audience, they have no right to appear for you at Court when dealing with the Application. Some McKenzie Friends have managed to gather the contact details of Barristers who take work direct from the public. This is known as direct access. They, therefore, instruct the Barrister to appear for you. Obviously, you will have to pay the Barrister as well as the McKenzie Friend and this can very often double or triple the original costs. Barristers charge between £350.00 and £750.00 to appear for you! (Solicitors have automatic rights of audience.)

When in doubt, you should always obtain advice and representation from an appropriately qualified, regulated, and the insured person.

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