“In general, there is an expectation that the first draft of a witness statement can be undertaken by lower grade fee earners including Grade C solicitors and legal executives (and those with similar experience). This is particularly so since witness statements should, in general, be drafted in the witness’ own words. Whether and the extent to which a higher level senior fee earners may reasonably be involved in taking the witness statement and/or checking the contents of the statement is case sensitive and may depend on the complexity and value of the case.”– from Costs Judge Simon Brown’s Note on costs budgeting in the King’s Bench involving high value personal injury claims
This largely mirrors the guidance given by Mr Justice Warby in Stocker v Stocker [2015] EWHC 1634 at paragraph 63:
“Witness statements are meant to be in the witness’s own words, and an assistant solicitor should be able to do the majority of the work”
