Law Society issues new guidance on differences between English and Welsh law

Bethany Wren (she/her) is head of content and events at LawCareers.Net

Reading time: one minute

The Law Society of England and Wales has published new guidance to help solicitors navigate the growing differences between English and Welsh law. While England and Wales remain a single legal jurisdiction, an increasing body of Wales-specific legislation has emerged across devolved areas, creating distinct legal frameworks that practitioners must be aware of when advising clients.

The new practice note aims to help solicitors identify whether English or Welsh law applies in a particular matter and ensure that clients receive advice based on the correct legal framework. The guidance highlights areas where the law has diverged, including housing, property and education.

For example, England and Wales now have different rules covering issues such as taxation, social housing, landlord and tenant responsibilities, as well as separate statutory systems for supporting children with additional learning needs in Wales and special educational needs and disabilities in England.

Law Society president Mark Evans, who is also Council member for North Wales, said the guidance was necessary as Welsh law continues to develop. He noted that legal differences between the two nations can have significant implications for both solicitors and their clients, particularly for firms working across the England-Wales border. Evans added that the practice note supports the Law Society’s position of ‘Distinct, Not Separate’ by helping solicitors identify the correct legal framework and provide accurate advice.

Mark Davies, chair of the Law Society’s National Board for Wales, welcomed the publication, saying: “As Welsh law continues to evolve, we hope to build on this work and look in more detail at specific areas of devolved law.”