D (A Child), Re [2005] EWCA Civ 347 (15 March 2005)

D (A Child), Re [2005] EWCA Civ 347 (15 March 2005)

The court refused the application for rights of audience to a struck-off solicitor acting as Mackenzie Friend, holding that such rights are only granted in exceptional circumstances, and fairness requires parity between litigants in person.

Citation
[2005] EWCA Civ 347
Parties
Applicant: Mrs Francis; Respondent: Mr Francis
Jurisdiction
England and Wales
Judgment Date
15 March 2005
Procedural Posture
Civil Appeal / Application for Permission
Outcome
application refused
Legal Topics
Rights of Audience, Mackenzie Friend, Discretionary Powers of Court
Civil Procedure Family Law Rights of Audience Mackenzie Friend Discretionary Powers of Court

Case Brief

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Parties

Mrs Francis

Applicant

Mr Francis

Respondent

Procedural Posture

Civil Appeal / Application for Permission

Legal Issues

  1. 1 Whether a struck-off solicitor can be granted rights of audience as a Mackenzie Friend in exceptional circumstances
  2. 2 Whether fairness and parity require granting such rights when both parties are litigants in person

Ratio Decidendi

The court refused the application for rights of audience to a struck-off solicitor acting as Mackenzie Friend, holding that such rights are only granted in exceptional circumstances, and fairness requires parity between litigants in person.

Court Disposition

application refused

Orders

  • Application for rights of audience to Mr Ty Francis as Mackenzie Friend is refused.