The High Court ruled that a McKenzie friend accompanying an unrepresented litigant may take notes and quietly offer suggestions and advice, but cannot act as an advocate or address the court unless invited by the judge.
Mr Justice Eagar delivered the ruling on 27 July 2017 in proceedings brought by Henry Swords against AIB Bank plc and AIB Leasing Limited. The judgment says Swords was not represented by a solicitor or counsel and was accompanied by a McKenzie friend. The judge said he was not inviting the friend to address the court.
The ruling referred to the established right of audience in Irish courts: an unrepresented party may speak for themselves, while a solicitor or counsel may appear when properly instructed. It said the restriction on who may address the court serves the administration of justice and the public interest, rather than protecting a professional monopoly.
The judgment also noted that unrepresented litigants are an inevitable feature of court proceedings and have the right to represent themselves, although courts can administer justice more fairly and efficiently when parties have legal representation.
Addressing European law and human rights arguments, the judge said there was no obligation on a member state’s court to permit a litigant to be represented by someone other than a duly qualified lawyer before the Court of Justice of the European Union or the European Court of Human Rights. The ruling cited Article 19 of the Statute of the Court of Justice, which provides that parties other than member states and EU institutions must be represented by a lawyer authorised to practise before an eligible court.
The source is a ruling about representation and audience. It does not set out a final determination of the underlying dispute between Swords and the two AIB defendants.