Wigg and Cochrane v Attorney General

• Jurisdiction: Ireland
• Court: Supreme Court (Irish Free State)
• Judgment Date: 01 January 1924
• Date: 01 January 1924

S. C.,

J. C.,

Wigg and Cochrane

and

Attorney-General

Retirement in consequence of change of Government in Irish Free State - Legal right to pension - Assessable by the Court - Principles of assessment - Inclusion of bonus - "Cost of living" figure -Whether pension variable - "Over-riding maximum"- Calculation of lump sum allowance -Minute of the British Treasury - Invalidity -Superannuation Act, 1859 (22 Vict., c. 26), s. 2 - Superannuation Act, 1909 (9 Edw. 7, c. 10), s. 1 - Government of Ireland Act, 1920 (10 11 Geo. 5, c. 67), s. 56, Schedule VIII-Irish Free State (Agreement) Act, 1922 (12 Geo. 5, c. 4), Schedule, Art. 10 - Constitution of the Irish Free State (Saorstát Eireann) Act,1922 (No. 1 of 1922), Schedule 1, Arts. 77 and78, Sch. II., Art. 10 - Provisional Government (Transfer of Functions) Order, 1922 (Stat. R. O., 1922, No. 315).

1. Art. 10 of the "Articles of Agreement for a Treaty between Great Britain and Ireland" provided: "The Government of the Irish Free State agrees to pay fair compensation on terms not less favourable than those accorded by the [Government of Ireland] Act of 1920 to………officials……… and other public servants………who retire in consequence of the change of government effected in...