s. 93 section 37, by the amount of any compensation paid in respect of the loss of expectation of financial support (other than of the kind to which section 60 applies) under any compensation scheme specified in section 37. (12) Subject to the discretion of the court— (a) in proceedings relating to an application for leave of the court under subsection are to be awarded against a party against whom a decision is made; and (b) in proceedings for the recovery of damages in accordance with this section— (i) if no liability to pay damages is established, costs are to be awarded against the claimant; and (ii) if damages are assessed but cannot be awarded under this section, each party bears its own costs; and (iii) if damages are awarded, costs are to be awarded against the defendant. (12A) Damages awarded in accordance with S. 93(12A) inserted by subsection (8) in respect of the death of a person No. 84/1994 must not include damages in respect of services in s. 10(4). the nature of housekeeping or the care of a child which would have been provided by the deceased person. (13) Where an award of damages in accordance with this section is to include compensation, assessed as a lump sum, in respect of damages for future loss which is referable to— (a) deprivation or impairment of earning capacity; or (b) loss of the expectation of financial support; or
section 37, by the amount of any compensation paid in respect of the loss of expectation of financial support (other than of the kind to which section 60 applies) under any compensation scheme specified in section 37. (12) Subject to the discretion of the court— (a) in proceedings relating to an application for leave of the court under subsection are to be awarded against a party against whom a decision is made; and s. 93 (b) in proceedings for the recovery of damages in accordance with this section— (i) if no liability to pay damages is established, costs are to be awarded against the claimant; and (ii) if damages are assessed but cannot be awarded under this section, each party bears its own costs; and (iii) if damages are awarded, costs are to be awarded against the defendant. S. 93(12A) inserted by No. 84/1994 s. 10(4). (12A) Damages awarded in accordance with subsection (8) in respect of the death of a person must not include damages in respect of services in the nature of housekeeping or the care of a child which would have been provided by the deceased person. (13) Where an award of damages in accordance with this section is to include compensation, assessed as a lump sum, in respect of damages for future loss which is referable to— (a) deprivation or impairment of earning capacity; or (b) loss of the expectation of financial support; or
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