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Wigg and Cochrane v Attorney General

Irish Law Times Reports (Digests) Irish Reports Irish Reports (Digests) Cited authorities 16 Cited in 7 Precedent Map Related
JurisdictionUK Non-devolved
Judgment Date03 May 1927
Date03 May 1927
CourtPrivy Council
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 pursuance hereof." The Provisional Government (Transfer of Functions) Order, 1922, provided for the transfer of officers from the...

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4 cases
  • Attorney General v Northern Petroleum Tank Company
    • Ireland
    • High Court (Irish Free State)
    • 1 April 1936
    ... ... whether the Attorney-General is the proper person to sue, and as to that I need only repeat the words of the Lord Chancellor in the case of Wigg and Cochrane v. Attorney-General of Saorstát Éireann éireann (2) : "Their Lordships are of opinion that the appellants have a legal right which ... ...
  • Costello v The Government of Ireland, Ireland, and The Attorney General
    • Ireland
    • Supreme Court
    • 11 November 2022
    ...including the interpretation of aspects of the Anglo-Irish Treaty ( Wigg and Cochrane v. Attorney General of the Irish Free State [1927] IR 285); the continued application of the Copyright Act 1911 to the Irish Free State and the interpretation of aspects of the Constitution of the Irish Fr......
  • Byrne v Ireland
    • Ireland
    • Supreme Court
    • 1 January 1972
    ...103 See p. 154, ante. 104 See p. 300, ante. 105 [1958] I.R. 1. 106 [1934] I.R. 342, 679. 107 [1950] I.R. 142. 108 [1936] I.R. 450. 109 [1927] I.R. 285, 290. 110 [1941] I.R. 569. Byrne and Ireland (S.C.) Prerogative - Personal rights - Right of action in courts - Parties - Representation -At......
  • Attorney General and Minister for Justice v Dublin United Tramways Company
    • Ireland
    • High Court
    • 1 January 1940

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