Law Society develops practice note to support solicitors advising on Welsh law

Law Society of England and Wales says guidance will help practitioners identify divergence across housing, health, education and environmental law

The Law Society of England and Wales has commissioned new practice note to support solicitors advising on Welsh law, reflecting the continuing expansion of distinct legislation applying within devolved areas of Wales despite the shared England and Wales jurisdiction.

The practice note is being developed to help practitioners identify and manage legal differences between Welsh and English law as divergence increases across policy areas including housing, health, education and environmental regulation. The initiative has been commissioned through the Society’s Wales Office in collaboration with academic experts at the University of Wales Trinity Saint David and is intended to provide practical support both to solicitors practising in Wales and those advising clients across the England–Wales border.

Although England and Wales remain a single legal jurisdiction, the volume of legislation passed by the Senedd Cymru has increased steadily since devolution, creating a growing need for practitioners to ensure they apply the correct legal framework when advising clients whose matters engage devolved competence. The guidance will highlight key areas of divergence and support practitioners in recognising when Welsh law applies in practice.

The work is being led by Dr Bronwen Williams, head of Swansea Law School and a member of the Law Society’s National Board for Wales, alongside Dr Emyr Lewis, emeritus professor at Aberystwyth University. They are preparing the guidance to assist practitioners in understanding how devolved legislation affects day-to-day advisory work and to reinforce awareness of the developing Welsh legal framework within professional practice and legal education.

Dr Bronwen Williams said, ‘The university is working with the Law Society to highlight the importance of devolved legislation in Wales. It is imperative for practising solicitors to be cognisant of key areas that are devolved and the development of the legal framework. 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.’

Jonathan Davies, head of the Law Society Wales Office, said the guidance reflects the Society’s long-standing “distinct but not separate” approach to Welsh law, recognising that while the jurisdiction remains unified, the body of applicable legislation in Wales is expanding rapidly. He noted that ensuring solicitors can identify differences between Welsh and English law is increasingly important for maintaining professional standards and delivering accurate advice to clients operating across borders.

The practice note forms part of wider efforts by the Society to support practitioners as the Welsh legislative landscape continues to evolve and is expected to become a practical reference point for firms advising on devolved matters or handling cross-border instructions within the England and Wales jurisdiction.