POINTS OF PRINCIPLE OF GENERAL IMPORTANCEThe following points of principle have been decided by the Legal Aid Board's costs appeals committee.

The commentaries are prepared by the Policy Directorate of the Law Society.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.CRIMLA 6 (amended)Work done after amendment change - change of solicitor-- Decision: The Legal Aid in Criminal and Care Proceedings (Costs) Regulations 1989 does not permit payment for work after the amendment of a criminal legal aid order to the solicitor no longer assigned under that order, save for work reasonably carried out before the solicitor was aware of the transfer.-- Commentary: The amendment applies the proviso that work carried out by a solicitor unaware of the transfer of the order will now be allowed.DS7 (amended)Advising and assisting over the telephone-- Decision: The expression 'advising and assisting over the telephone' in regulation 5(1)(d) of the Legal Advice and Assistance at Police Stations (Remuneration) Regulations 1989 covers any attendance over the telephone actually and reasonably made which is not a routine call, and which materially progresses the case.It is possible for a single telephone call to comprise of more than one act of advice and assistance provided each claim relates to a separate and particular circumstance in which material progress was made.The onus is on the solicitor to satisfy the assessing officer that any such work did progress the case and was actually and reasonably done.

The solicitor must be able to supply an attendance note to justify any claim for advising and assisting over the telephone, if required to do so by the assessing officer.-- Commentary: The amendment clarifies that a single telephone call can comprise of more than one act or advice and assistance, and can be remunerated accordingly provided that it materially progresses the case.