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.
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.
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.
Evans added the guidance supports the Law Society’s ‘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, commentated:
“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.”
To view the new guidance, click here.
