Law Society issues guidance on differences between English and Welsh law

New practice note highlights differences in devolved areas including property and education.

The Law Society of England and Wales has published new English Welsh law guidance for solicitors, aimed at helping practitioners identify which legal framework applies as Wales-specific legislation continues to develop.

Although England and Wales remain within a single legal jurisdiction, the Law Society said Wales-specific legislation has grown significantly in areas covered by devolution. The new practice note is intended to help solicitors recognise where the law differs and ensure clients receive advice based on the applicable framework.

The guidance covers areas where divergence between England and Wales can affect legal practice. One example is housing and property, where the two countries have different rules concerning taxation, social housing and tenant and landlord responsibilities.

Education is another area highlighted by the Law Society. Wales and England have different statutory frameworks for supporting children and young people with additional learning needs in Wales and special educational needs or disabilities in England.

Law Society president Mark Evans said solicitors need to remain alert to differences between the legal frameworks as Welsh law continues to develop. He said the guidance provides a practical tool for identifying the correct framework and delivering accurate advice to clients.
Evans also linked the practice note to the Law Society’s “Distinct, Not Separate” position, which recognises that England and Wales remain within one jurisdiction while differences have developed in areas of devolved law.

Mark Davies, chair of the National Board for Wales, said Welsh law had developed significantly since devolution and that understanding the differences was important for solicitors working in England, Wales and across the border. He described the guidance as a step towards bringing some of those differences together and said the Law Society hoped to examine specific areas of devolved law in greater detail.

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.

For solicitors practising across England and Wales, the immediate practical point is to identify whether English or Welsh law applies in areas affected by devolution before advising clients. The Law Society’s guidance is intended to assist with that distinction.