New Law Society guidance helps solicitors navigate English and Welsh laws

The Law Society of England and Wales has published new guidance for solicitors practicing in England and Wales, as evolving Wales-specific legislation creates differing frameworks across devolved areas. 

The guidance has been developed by Dr Bronwen Williams, head of Swansea Law School at the University of Wales Trinity Saint David who is also a member of the Law Society’s National Board for Wales.

Although England and Wales operate within a single legal jurisdiction, the body of Wales-specific legislation has grown significantly across devolved areas.

The practice note is designed to help solicitors identify when English or Welsh law applies, and ensure clients receive accurate advice that reflects the law applicable in each nation. Areas of law include:

• Housing and Property – England and Wales have different rules on taxation, social housing and tenant - landlord responsibilities.
• Education – Different statutory frameworks for supporting children and young people with additional learning needs (ALN) in Wales and special educational needs or disabilities (SEND) in England.

Dr Bronwen Williams said: “It is imperative for practising solicitors to be cognisant of key areas that are devolved and the development of the legal framework in Wales.  The University is working with the Law Society to highlight the importance of devolved legislation in Wales. As universities, we need to embed this knowledge into our programmes, and it is already an established part of the law curriculum in Swansea Law School.”

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.”

Further Information

Eleri Beynon

Head
Corporate Communications and PR
Email: e.beynon@uwtsd.ac.uk
Phone: 01267 676790