Neil Parpworth asks whether there will soon be an end to the “McKenzie Friend”
On 7 June 1831 judgment was given in the case of Collier v Hicks (1831) 2 B & Ad 663. The unanimous decision of the court was that the defendants had been justified in committing or ordering a trespass on the plaintiff (an attorney) when he refused to leave a police office where he had been seeking to act as an attorney or advocate for an informer during the course of the trial of another. This was on the basis that, in the words of Mr Justice Littledale, “every court of justice has the power of regulating its own proceedings”. Of greater significance for present purposes were, however, the remarks of the then Chief Justice, Lord Tenterden, who observed: “Any person, whether he be a professional man or not, may attend as a friend of either party, may take notes, may quietly make suggestions, and give advice; but no one can demand to take part in the proceedings as an advocate, contrary to the regulations of the Court as settled by
