Points of principleThe following points of principle have been decided by the Legal Aid Board's (LAB) costs appeals committee.

The commentaries are prepared by the Law Society's policy directorate.LAA 19Notice to landlords in housing disrepair casesDecision:In proceedings for housing disrepair under section 82 of the Environmental Protection Act 1990, expenditure on expert reports will not be authorised, except in cases of real urgency, unless the landlord has been notified of both the defects and the anticipated litigation, and has been given an opportunity to carry out repairs.

The period of notice prescribed by section 82 are minimum periods only and do not limit or proscribe the proper exercise of powers under regulations 21 and 29 of the Legal Advice and Assistance Regulations 1989.Commentary:Previously expert fees have been treated as recoverable under the scheme, provided it is reasonable for the solicitor to incur the disbursement for the purpose of giving advice and assistance to the client, and the amount of the disbursement is reasonable.

LAA 19 now requires practitioners to notify the landlord of the defects and the anticipated litigati on, and allow an opportunity for him to carry out repairs before any disbursement can be considered by the LAB.

It will be for a practitioner therefore, to justify the expert report on the basis of real urgency.

No guidance is given as to what might signify 'real urgency'.

As the basis of proceedings is that a statutory nuisance exists, it is surprising that the LAB wishes to limit the ability to obtain reports to specify the remedial action necessary.

This is particularly so where legal aid is not available for court proceedings.CLA 24Completion of application form for payment on accountDecision:Where a claim is made for completing the LAB's form CLA 28/CLAIM 4 (application for payment on account), consideration should be given to making a small allowance for the solicitors' time in preparing and submitting the form.

Normally an allowance of six minutes will be appropriate.Commentary:While an allowance for checking the bill, signing a report on case and complying with other formalities in assessment cases, has been conceded previously, this point of principle extends that to an allowance for completing the CLA 28/CLAIM 4.CRIMLA 74Serious or complex fraud Decision:It is a question of fact whether a case is a serious or complex fraud under paragraph 3(5) part I schedule 1 of the Legal Aid in Criminal and Care Proceedings (Costs) Regulations 1989.

Each case must be considered according to its particular merits.

Factors which may be relevant to the decision include where:(i) a large amount of money is involved, although this does not necessarily make a fraud serious or complex in itself;(ii) the fraud has significant consequences for the victim eg, fraud on individual private investors resulting in loss of life savings or personal bankruptcy;(iii) the case raises complex issues of law, fact or procedure, examples of which would include access to bank accounts, foreign law jurisdictional issues, multiple offences/defendants, conspiracy charges and/or substantial forensic accountancy work;(iv) detailed consideration of extensive documentary evidence/unused material is necessary;(v) the proceedings are transferred to the Crown Court under section 4 of the Criminal Justice Act 1987;(vi) a preparatory hearing is ordered in the Crown Court under section 7 of the Criminal Justice Act 1987;(vii) the case is investigated or prosecuted by the SFO, DTI, CPS Special Casework, Inland Revenue or Customs and Excise.None of these factors should be taken alone as a conclusive indication that a case is a serious or complex fraud.

Nor should this list of factors be regarded as exhaustive.Commentary:Although the point of principle does not establish what a 'large amount of money' is, nor whether it will necessarily make a fraud serious or complex itself, the costs appeals committee's approach is a welcome attempt to define what may constitute serious or complex fraud.Practitioners obtaining certificates of points of principle from their legal aid area committee can obtain advice and assistance on the presentation of their written arguments from Greg Lewis, the solicitors' remuneration team, policy directorate, The Law Society, 113 Chancery Lane, London WC2A 1PL; DX 56 Chancery Lane.Requests prior to that stage should be directed to the Law Society's practice advice service at the same address.