National Treasury Management Agency (Amendment) Act 2014

Claim for costs — definition

32. In this Part “claim for costs” means—

(a) an entitlement on the part of a person to have paid to the person by a State authority, an amount of costs, being an entitlement arising by virtue of—

(i) an order of a court in any proceedings brought by the person against a State authority, not being proceedings in respect of a claim that is already the subject of a delegation to the Agency by virtue of an order under section 9(1) of the Act of 2000 and which claim is not the subject of a direction under section 9(4) of that Act,

(ii) an order of a court in—

(I) any proceedings brought by the State authority against the person, or

(II) a counterclaim,

(iii) an order under section 6 of the Tribunals of Inquiry (Evidence) (Amendment) Act 1979 ,

(iv) a direction under section 17 or 24 of the Commissions of Investigation Act 2004 ,

(v) a determination under section 21 (3) of the Arbitration Act 2010 , or

(vi) an agreement between the parties concerned in settlement of a claim to which any of subparagraphs (i) to (v) relate,

or

(b) an entitlement on the part of a State authority to have paid to the authority by a person, an amount of costs, being an entitlement arising by virtue of—

(i) an order of a court in any proceedings brought by the person against the State authority (but a similar exclusion to that contained in paragraph (a)(i) applies in relation to this subparagraph as it applies in relation to paragraph (a)(i)),

(ii) an order of a court in—

(I) any proceedings brought by the State authority against the person, or

(II) a counterclaim,

(iii) the operation of Order 26 of the Rules of the Superior Courts ( S.I. No. 15 of 1986 ) or Order 21 of the Circuit Court Rules ( S.I. No. 510 of 2001 ),

(iv) an order, direction or determination referred to in paragraph (a)(iii), (iv) or (v), or

(v) an agreement between the parties concerned in settlement of a claim to which any of subparagraphs (i) to (iv) relate.