## Order No. 2003-1 — Ms. “J”, Applicant v. International Monetary Fund, Respondent (Assessment of compensable legal costs pursuant to Judgment No. 2003-1)

## Source details

**Canonical URL:** [Order No. 2003-1 — Ms. “J”, Applicant v. International Monetary Fund, Respondent (Assessment of compensable legal costs pursuant to Judgment No. 2003-1)](https://www.imf.org/-/media/files/imfat/o2003-1.pdf)

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### Procedural background and authority
- The Administrative Tribunal of the International Monetary Fund decided in Ms. “J”, Applicant v. International Monetary Fund, Respondent, IMFAT Judgment No. 2003-1 (September 30, 2003) (para. 183 and Decision, para. 3) that the Fund shall pay Applicant the reasonable costs of her legal representation in accordance with Article XIV, Section 4 of the Tribunal’s Statute.
- The Tribunal considered Applicant’s statement of costs, the Fund’s response, and the post-Judgment views of the parties regarding the assessment of compensable legal costs.

### Legal standard (Article XIV, Section 4)
- The Tribunal applied Article XIV, Section 4, which provides:
  - “If the Tribunal concludes that an application is well-founded in whole or in part, it may order that the reasonable costs incurred by the applicant in the case, including the cost of applicant's counsel, be totally or partially borne by the Fund, taking into account the nature and complexity of the case, the nature and quality of the work performed, and the amount of the fees in relation to prevailing rates.”

### Tribunal findings
- The Tribunal accepted the statement of costs prepared by Applicant’s counsel as a valid representation of the costs “incurred by the applicant in the case” (Article XIV, Section 4) and declined to inquire into the particular fee arrangement between Applicant and her counsel, contrary to Respondent’s request.
- The Tribunal declined to deduct from Applicant’s compensable legal costs any sum attributed to consultation regarding Applicant’s workers’ compensation claim, reasoning that:
  - Applicant conceded that the workers’ compensation claim was not yet ripe for review during the proceedings.
  - The workers’ compensation claim was recognized in the Tribunal’s Judgment as being of an “intersecting nature” with Applicant’s disability retirement claim (Ms. “J”, para. 89).
  - The disputed entries on the statement of costs reflected that, at the applicable stage of consultation, both complaints were reasonably being considered in tandem.

### Assessment and award
- Taking into account the nature and complexity of the case, the nature and quality of the work performed, and the amount of the fees in relation to prevailing rates, the Administrative Tribunal assessed the reasonable costs of Applicant’s legal representation in the full amount submitted:
  - $16,434.32

### Signatories and date
- Decision adopted unanimously by:
  - Stephen M. Schwebel, President
  - Nisuke Ando, Associate Judge
  - Michel Gentot, Associate Judge
- Registrar:
  - Celia Goldman
- Location and date:
  - Washington, D.C., December 23, 2003

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_Source: https://www.imf.org/-/media/files/imfat/o2003-1.pdf_