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Civil Servants, Payment to, of Compensation under Art. X of the Articles of Agreement for a Treaty between Great Britain and Ireland

Irish Reports (Digests) Irish Reports Cited authorities 19 Cited in Precedent Map Related
JurisdictionUK Non-devolved
Judgment Date13 November 1929
Date13 November 1929
CourtPrivy Council
In re Compensation to Civil Servants under Article X of the Articles of Agreement for a Treaty between Great Britain and Ireland

Retirement in consequence of change of Government - "Fair compensation" under Art. 10 of Articles of Agreement for a Treaty between Great Britain and Ireland - Principles of assessment - Inclusion of bonus - "Cost of living"figure - Variability of pension - "Over-riding maximum" - Calculation of lump sum allowance - Jurisdiction of Judicial Committee -Whether bound by previous decisions - Right to re-hear - Judicial Committee Act, 1833 (3 4 Wm. 4, c. 41), s. 4 - Superannuation Act, 1834 (4 5 Wm. 4, c. 24), s. 30 - Superannuation Act, 1859 (22 Vict. c. 26), s. 2 - Superannuation Act, 1909 (9 Ed. 7, c. 10), s. 1 - Government of Ireland Act, 1920 (10 11 Geo. 5, c. 67), ss.55, 56, 73, Sch. VIII - Constitution of the Irish Free State (Saorstát Eireann) Act, 1922 (No. 1 of 1922), Sch. I, Acts. 77 and 78, Sch. II, Art. 10.

The Judicial Committee of the Privy Council held that there is no inherent incompetency in their ordering a re-hearing of a case already decided by the Committee, even when a question of a right of property is involved, but that such an indulgence would be granted in very exceptional circumstances only. An appeal from a decision of the Supreme Court of the Irish Free State was decided by the Judicial Committee. Subsequently it was alleged that a mistake of fact had been made by the Committee, which affected their decision. and the question involved was then referred to the Committee for consideration under s. 4 of the Judicial Committee Act, 1833. Held, that the Committee was not bound to follow the previous decision pronounced on the hearing of the appeal, although that decision had not been affected by any mistake of fact. Art. 10 of the "Articles of Agreement for a Treaty between Great Britain and Ireland"provides: "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 are discharged by it or who retire in consequence of the change of Government effected in pursuance hereof." Held that, although the terms under the Act of 1920 must be considered, the compensation to be...

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