The Law Society of England and Wales has published new guidance to help solicitors practising in England and Wales apply the correct laws as devolved legislation evolves.
Although both areas operate within a single legal jurisdiction, the body of Welsh legislation has grown significantly across devolved areas.
The new Law Society practice note, Differences in English and Welsh law, will help solicitors identify whether English or Welsh law applies and ensure clients receive accurate advice that reflects the law applicable in each nation.
Differences highlighted by the Law Society include taxation for housing and property, social housing rules, landlord and tenant responsibilities, and different statutory frameworks for supporting children and young people with additional learning needs, special educational needs or disabilities.
Law Society president Mark Evans said: “As Welsh law continues to develop, solicitors need to be alert to where the legal framework differs across England and Wales.
“While we remain one jurisdiction, divergence in areas such as property and education has real implications for practitioners and clients.
“Living close to the border and having previously worked in a cross-border firm, the development of guidance is essential to support our members.
“This practice note supports our ‘distinct, not separate’ position by giving solicitors a practical tool to identify the correct legal framework and deliver accurate advice wherever their clients are based.”
Mark Davies, chair of the National Board for Wales, said: “Welsh law has developed significantly since devolution. Understanding where the law differs is important for solicitors working in England, Wales and cross-border.
“This guidance is a welcome step in bringing some of those differences together. As Welsh law continues to evolve, we hope to build on this work and look in more detail at specific areas of devolved law.”
The practice note was developed by Dr Bronwen Williams, head of Swansea Law School at the University of Wales Trinity Saint David and a member of the Law Society’s National Board for Wales.
