LK v International Protection Appeals Tribunal, Minister for Justice, Ireland and the Attorney General (Approved) [2026] IESC 25 (16 April 2026)

LK v International Protection Appeals Tribunal, Minister for Justice, Ireland and the Attorney General (Approved) [2026] IESC 25 (16 April 2026)

Although the Applicants were unsuccessful, the case raised issues of general public importance justifying a partial costs order. The Applicants are entitled to recover 50% of the costs of the appeal (excluding case management hearings) against the State Respondents.

Citation
[2026] IESC 25
Parties
Applicants/appellants: ZG and EW (a minor suing by his aunt and next friend ZG); Respondents: Ireland and the Attorney General; Notice Party: Clúid Housing Association; Amicus Curiae: Irish Human Rights & Equality Commission
Jurisdiction
Ireland
Judgment Date
16 April 2026
Procedural Posture
Constitutional Challenge / Appeal / Supreme Court Ruling on Costs After Dismissal of Appeal
Outcome
Appeal dismissed; partial costs awarded to Applicants
Legal Topics
Equality Before the Law, Inviolability of the Dwelling, Statutory Tenancy Succession, Costs in Constitutional Litigation
Constitutional Law Housing Law Civil Procedure Equality Before the Law Inviolability of the Dwelling Statutory Tenancy Succession Costs in Constitutional Litigation

Case Brief

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Parties

ZG and EW (a minor suing by his aunt and next friend ZG)

Applicants/appellants

Ireland and the Attorney General

Respondents

Clúid Housing Association

Notice Party

Irish Human Rights & Equality Commission

Amicus Curiae

Procedural Posture

Constitutional Challenge / Appeal / Supreme Court Ruling on Costs After Dismissal of Appeal

Legal Issues

  1. 1 Whether s. 39(1) of the Residential Tenancies Act 2004 (as amended) is unconstitutional for failing to provide for succession to a statutory tenancy by children under 18
  2. 2 Whether the Applicants are entitled to costs despite being unsuccessful on appeal

Ratio Decidendi

Although the Applicants were unsuccessful, the case raised issues of general public importance justifying a partial costs order. The Applicants are entitled to recover 50% of the costs of the appeal (excluding case management hearings) against the State Respondents.

Court Disposition

Appeal dismissed; partial costs awarded to Applicants

Orders

  • Applicants to recover 50% of the costs of the appeal (excluding case management hearings) against the State Respondents
  • No order for costs as between Applicants and Notice Party or Amicus Curiae