New & NoteworthyRSS Feed

July 19, 2024

Bloomsbury Cyber Law Briefing July 2024

The July issue of the Bloomsbury Cyber Law Briefing is now available for subscribers. 

July 18, 2024

Minor Child’s Constitutional Challenge to Restriction on Tenancy Rights After Parent’s Death is Dismissed

Z.G. v Ireland [2024] IEHC 412 (High Court, Bolger J, 8 July 2024)

High Court dismissed an application challenging the constitutionality of a residential tenancies statute, which does not allow a child under the age of 18 to take over a tenancy following a tenant parent's death, on the grounds that: (a) the law's distinction between minors and adults, and its indirect impact on a minor child of a single-parent family, was not arbitrary, capricious, or irrational; (b) the State's duty to care for minor children justifies different legal treatment from adults; and (c) the applicant, a minor, is not entitled to the same tenancy rights as an adult would be in similar circumstances.

Residential Tenancies Act 2004 – constitutionality – minor child – tenancy rights – s 39 – family status – age discrimination – indirect discrimination – equality under law – legal guardian – Part 4 tenancy – Article 40.1 of the Constitution – European Convention on Human Rights – presumption of constitutionality – social welfare – Childcare Act 1991 – family law – legal status of minors – protection of minors – burden of proof – High Court

Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.

Quotation from judgment (courtesy of the Courts Service of Ireland):

‘27. The applicant, in effect, seeks special treatment, which is a recognised aspect of equality law, for example, the extensive rights afforded in law to a pregnant employee on grounds of their pregnancy as of right rather than by way of comparing their treatment to that of a non-pregnant employee. The applicant’s claim to special treatment, i.e. that the applicant’s legal guardian will somehow step into the Part 4 tenancy, whether temporarily or permanently, is misplaced in circumstances where the State already have arrangements in place to ensure special treatment and protection of the minor child of a deceased lone parent (i.e. different and additional to that afforded to a minor child of a living lone parent), including the payment of an allowance to their legal guardian and/or payment of an orphan’s pension and, where necessary, the provision of accommodation to a child pursuant to s. 5 of the Childcare Act.’

July 18, 2024

Trust Drafting and Precedents (July 2024)

The July update to Trust Drafting and Precedents is now live for subscribers.

UK Law Online
Online access to over 25 different practice areas containing our leading legal titles, commentaries and research
Sign Up for a Free Trial »
UK Tax Online
A range of online tax and accounting services comprising expert practical commentaries, together with updated legislative and regulatory content, packaged to suit practices of all sizes
Sign Up for a Free Trial »
Scottish Law & Tax Online
Online law, tax and exclusive services from experts, along with access to some of our leading titles and commentaries
Sign Up for a Free Trial »
Irish     Law & Tax Online
Online access to the leading Irish legal and tax research, along with access to some of our leading titles and commentaries
Sign Up for a Free Trial »

What is Bloomsbury Professional Online?

Our market-leading research platform provides easy access to unrivalled Irish, UK and Scottish legal and tax information, commentary and analysis as well as access to some of our leading titles within our various law and tax services. A subscription to Bloomsbury Professional Online underpins your practice with authoritative, expert information. So, you can be confident that your decisions are based on the latest insights, relevant case studies and commentaries, from respected authors and texts.

Build your bespoke package

Only subscribe to the precise practice areas that you need – giving you specialist information and expertise via your desktop, tablet or smartphone.

Search, locate, share

With leading tax and legal titles at your fingertips, you can quickly search and locate the exact content required; plus it’s easy to download, edit and share the information with your colleagues.

Give it a try for free

Interested? Why not take advantage of our free, no-commitment trial?

Obiter Dicta Podcast

Listen to the latest episodes of the Obiter Dicta podcast from Bloomsbury Professional Ireland. Each month, Grainne McMahon and Rachel Sherlock interview leading authors and practitioners to discuss legal and tax developments. Available from all leading platforms or wherever you get your podcasts! Click here to listen.

Contact Us