In his Note to assist parties in advance of cost management hearings in the King’s Bench Division involving high personal injury claims,

Costs Judge Simon Brown observed that the first draft of witness statements should normally taken by a lower grade fee earner.

"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."

This webinar aims to provide a guide for lower grade fee earners who undertake the first draft of witness statements, and provide insights for those who supervise that task.

• The basic rules relating to witness statements
• Some basic rules of civil evidence
• How to ask questions
• The dangers of leading questions
• The perils of selective witness evidence
• Protecting the client from the lawyer
• Protecting the lawyer from the client

A checklist will be provided to assist those tasked with taking witness statements.  A separate checklist will deal with the issues relating to those who supervise them.