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McKenzie friend

Italian translation: vedi testo

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04:51 Nov 18, 2001
English to Italian translations [PRO]
Law/Patents
English term or phrase: McKenzie friend
A McKenzie Friend does not represent the litigant and does not have rights of audience, though s/he may address the court if invited to do so by the presiding judge or magistrate.
Franco Metayer
United Kingdom
Local time: 08:49
Italian translation:vedi testo
Explanation:
Non credo esista un equivalente italiano, anche perché credo che la presenza di questa figura non sia ammessa nei tribunali italiani.
Suggerisco quindi di scrivere: un cosiddetto "amico di McKenzie" e di mettere fra parentesi, o in nota, la spiegazione del termine.

Background
The term 'McKenzie friend' relates to the case of McKenzie v McKenzie - a divorce action where the judge had mistakenly debarred the "friend" of a litigant. The matter went to the Court of Appeal and is reported in [1970] 3 WLR 472, upholding the ruling of Lord Tenterden in Collier v Hicks [7 June 1831] that:
"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, may give advice ..."
Litigants in person have been actively pursuing their right to act in person and to be accompanied by friends in court, using our standard letter "A Friend in Court". Odd pockets of resistance have been encountered, with some judges claiming that "friends" are a matter for their discretion; others claiming the case was so simple that a friend was not required, or so complex that a friend could be of no possible use.
Selected response from:

Laura Gentili
Italy
Local time: 09:49
Grading comment
grazie per la tua precisione e velocità nel rispondere!
4 KudoZ points were awarded for this answer

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Summary of answers provided
4 +2vedi testo
Laura Gentili


  

Answers


26 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
vedi testo


Explanation:
Non credo esista un equivalente italiano, anche perché credo che la presenza di questa figura non sia ammessa nei tribunali italiani.
Suggerisco quindi di scrivere: un cosiddetto "amico di McKenzie" e di mettere fra parentesi, o in nota, la spiegazione del termine.

Background
The term 'McKenzie friend' relates to the case of McKenzie v McKenzie - a divorce action where the judge had mistakenly debarred the "friend" of a litigant. The matter went to the Court of Appeal and is reported in [1970] 3 WLR 472, upholding the ruling of Lord Tenterden in Collier v Hicks [7 June 1831] that:
"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, may give advice ..."
Litigants in person have been actively pursuing their right to act in person and to be accompanied by friends in court, using our standard letter "A Friend in Court". Odd pockets of resistance have been encountered, with some judges claiming that "friends" are a matter for their discretion; others claiming the case was so simple that a friend was not required, or so complex that a friend could be of no possible use.

Laura Gentili
Italy
Local time: 09:49
Native speaker of: Native in ItalianItalian
PRO pts in pair: 4999
Grading comment
grazie per la tua precisione e velocità nel rispondere!

Peer comments on this answer (and responses from the answerer)
agree  dieter haake: è vero
7 mins

agree  Louise Norman
4 hrs
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