D v S (Rights of Audience); In re and Application by Dr Pelling: CA 18 Dec 1996

The court said that the representation of a litigant in person by a charging non-professional must be only exceptional.

Lord Woolf MR, Waite, Waller LJJ
Times 01-Jan-1997, [1997] 1 FLR 724, [1996] EWCA Civ 1341, [1997] Fam Law 403, [1997] 2 FCR 217
Courts and Legal Services Act 1990 17 18 28
England and Wales
Cited by:
AppliedMilne v Kennedy and Others CA 28-Jan-1999
Only in exceptional circumstances, should a lay person be allowed to represent a party in a county court. In this case no such exceptional circumstance had been established, and the decision was not to be upheld. . .
CitedHarris and others v The Society of Lloyd’s ComC 1-Jul-2008
. .
CitedIn Re N (A Child) FD 20-Aug-2008
There had been several hearings and the father had been assisted by a McKenzie friend permitted to address the court. The father now objected to the mother’s McKenzie friend being given similar leave.
Held: Whilst Dr Pelling might make a . .
CitedNoueiri v Paragon Finance Plc (Practice Note) CA 19-Sep-2001
Courts should be careful before allowing unqualified persons to represent other parties at court. Pleadings and similar documents must be signed by the party or their qualified legal representative. Others signing them may be in contempt of court . .
CitedGuidance (McKenzie Friends) 2005
Sir Mark Potter gave guidance on the acceptance of McKenzie Friends as advocates: ‘A court may grant an unqualified person a right of audience in exceptional circumstances only and only after careful consideration (D v S (Rights of Audience) [1997] . .

Lists of cited by and citing cases may be incomplete.

Litigation Practice, Legal Professions, Family

Leading Case

Updated: 09 November 2021; Ref: scu.79766