New guidance aids solicitors on Welsh law

In recognition of the expanding body of distinct Welsh legislation, the Law Society of England and Wales has commissioned a new practice note aimed at guiding solicitors through the nuances of Welsh law. Developed in collaboration with the University of Wales Trinity Saint David, this initiative reflects the Law Society Wales Office’s commitment to support solicitors practicing within Wales and those advising clients who span the England-Wales border.

The practice note is being crafted 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, a prominent Welsh lawyer and Emeritus Professor at Aberystwyth University. It will underscore key areas where Welsh legislation deviates from English law, delivering essential practical support for legal practitioners.

Although England and Wales share a unified legal jurisdiction, Welsh legislation continues to evolve in devolved areas such as housing, health, education, and the environment. With these differences becoming more pronounced, the need for solicitors advising clients in Wales to identify and apply the correct legal framework has never been more critical.

Dr Bronwen Williams shared insights on the importance of this collaboration, stating that the university is working with the Law Society to highlight the importance of devolved legislation in Wales and that it is imperative for practising solicitors to be cognisant of key areas that are devolved and the development of the legal framework. She emphasised that embedding this knowledge into educational programmes is essential and highlighted that it is already an established part of the law curriculum in Swansea Law School.

Additionally, Jonathan Davies, head of the Law Society Wales Office, affirmed that although England and Wales operate under a single legal jurisdiction, the body of law that applies distinctly in Wales is rapidly growing. He remarked on the Law Society’s “Distinct, Not Separate” position, which acknowledges and supports a developing Welsh legal identity within the current devolution framework. Davies pointed out that as Welsh legislation continues to expand, it is crucial for solicitors to comprehend the variations between Welsh and English law when advising clients. He concluded that this practice note will serve as a valuable resource for solicitors in Wales and practitioners in England who engage with Welsh legal matters or operate across the border.

The practice note will be a significant tool for solicitors striving to stay updated on legal distinctions to ensure comprehensive and accurate advice for their clients.