One consequence of restricted Legal Aid is that the Family Court is now awash with Litigants in Person (LiP’s) who clog up the system with cases that would not have seen the light of day had a qualified lawyer been involved. The keyword, of course, is ‘qualified’, as the advent of restricted Legal Aid has also resulted in the rise of the so-called ‘McKenzie Friend’, who in more cases than not, act more like as an unqualified legal adviser, rather than as a friendly supporter, as the term originally implied.
The High Court has recently ordered one such ‘unqualified legal adviser’ to pay £263,759 in damages and over £70,000 in costs following a negligence claim. The Trial Judge ruled that he should be judged by the same standard as a qualified lawyer, given his claim that the advice, that he had given, had come from a qualified lawyer.
A politician has said that the High Court judgment ‘reinforces the conclusion that it is time for parliament to bite the bullet’ and ban the ‘unscrupulous practice’, of McKenzie Friends who give and charge for legal advice.
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