When legal expenses are a problem, consider a McKenzie Friend to help you at court.
McKenzie Friends are often not legally qualified. That does not mean they lack experience or knowledge in their particular field.
Enforcement redress is practised by few solicitors, making it an under-served area of law. McKenzie Friends are not constrained by hourly rates, disbursements, or hidden fees. The job is done for a fixed fee.
They can only advocate in court if the judge grants permission. Workarounds are available if the right of audience is denied, though those methods are not suitable for publication.
A good McKenzie Friend will always prepare a case with an appeal strategy in mind. This ensures your case is winnable. If your claim fails, the appeal strategy can be executed. Otherwise, the case may not be worth bringing.
Appeal strategies are essential. Judges sometimes feel a moral duty to side with the bailiff if the debtor is unrepresented. If a judge departs from law or fact, the appeal strategy can allow you to appoint a solicitor and recover legal costs if the appeal succeeds.
You cannot recover legal fees in claims under £10,000 - nor can the other party. You may only recover court fees and travel expenses. Having a McKenzie Friend is ideal. If your claim fails, you are not liable for the other party's legal costs, and you can still instruct a solicitor for an appeal.
A McKenzie Friend may request the right of audience. If this is denied, the defendant can ask to adjourn in order to arrange representation. If the court denies that request and proceeds to conviction, it may not be safe because the defence was not properly presented and witnesses not cross-examined. The prosecution may therefore fail on the basis that the defendant was denied a fair trial.
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