Solicitors handling property and housing matters have been warned to ensure they apply the correct law as differences between England and Wales continue to grow.
The Law Society of England and Wales has published new guidance designed to help practitioners navigate the expanding body of Wales-specific legislation.
Although England and Wales remain a single legal jurisdiction, devolution has resulted in increasingly different legal frameworks in areas including housing, property and taxation.
The Law Society says the practice note should help solicitors identify when English or Welsh law applies and ensure clients receive advice based on the correct framework.
PROPERTY DIFFERENCES
Housing and property are among the areas highlighted by the guidance, with different rules applying in England and Wales on issues including taxation, social housing and landlord and tenant responsibilities.
The divergence means solicitors working with clients or property portfolios spanning both countries need to be particularly alert to which legislation applies.
Differences have also developed in education, where Wales has its own statutory framework for supporting children and young people with additional learning needs.
CROSS-BORDER ADVICE
Mark Evans (main picture, inset), President of the Law Society of England and Wales, says: “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.
“This practice note supports our ‘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.”
DEVOLUTION
Mark Davies, Chair of the National Board for Wales, adds: “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.”
