Kate Kochnari

Kate Kochnari

Called: 2008

Practice Profile

Impressive advocate specialising in family law and Court of Protection cases.

 

‘An impressive performer specialising in family law and Court of Protection cases. She acts in a host of children law cases, including care proceedings. She often acts for children and parents and is a strong choice for vulnerable clients with mental health issues.’ Chambers and Partners 2021 – band 3

 

She provides robust and appropriate advice when asked and will offer this at times without being forceful.Legal 500 2021 – ranked as a leading junior

 

‘Goes the extra mile for her clients.’ Legal 500 2020 – ranked as a leading junior

 

‘She has a really firm but fair approach. She’s brilliant with vulnerable clients. Kate is thorough in her preparation and is particularly skilled in managing clients expectations at all levels.’ Chambers and Partners 2020 – band 3

 

‘Very friendly and down to earth. She did a fantastic job.’ ‘Client focused and empathetic but strong and pragmatic with her advice. Her preparation is incredible.’ Chambers and Partners 2019 – band 3

 

Acts exclusively in family law and Court of Protection matters. She specialises in care and adoption proceedings, cohabitation disputes and financial remedy, and is particularly praised for her impeccable client care and communication.

 

‘She is pragmatic, robust and client-focused.” “She is well liked and works well in a team. Her preparation skills are excellent.’ Chambers and Partners 2018 – Up and Coming

 

‘She has a very nice manner with parents and very good experience of dealing with children and guardians. She is approachable, good with written work and always keeps you up to date.’ Chambers and Partners 2017 – Up and Coming

 

Kate joined Chambers after successfully completing her pupillage in 2009.

 

Her area of practice encompasses Family Law and Court of Protection work. Kate’s conscientious and tenacious approach has led to a swift progression in the complexity of cases she is instructed on.

 

Kate’s aptitude to fearlessly promote and protect her client’s interests was acknowledged in the Court of Appeal by Lord Justice McFarlane who commented in W-J (Children) [2015] EWCA Civ 788 In the course of the robust and constructive representation that the mother had at the hearing provided by Ms Kochnari’.

 

In Care Proceedings, Kate regularly receives instructions from parents, Guardians and other family members and has been instructed in complex multi-day fact finding hearings and final hearings. She often represents vulnerable and learning-disabled clients, including receiving instructions from the Official Solicitor. Kate has represented parents in alleged non-accidental injury cases and cases involving allegations of sexual abuse.

 

Kate is regularly instructed in Family Finance proceedings and has experience in dealing with matters involving interveners, international property and maintenance pending suit claims.

 

In Private Law matters and Family Law Act cases, Kate has experience in matters involving serious allegations of domestic violence, sexual abuse/ grooming, neglect and parents dealing with Mental Health difficulties.

 

Lay clients always report positively in respect of Kate’s approach to cases given her warm personality, attention to client care and ability to give robust and realistic advice when required.

 

Kate is available to deliver training / CPD seminars and is able to accept instructions direct from the public under the Direct Access Scheme.

Family

  • Care and Adoption (for parents and guardians)
  • Private Law Children work
  • Financial Remedy
  • Injunctions
  • International/ Abduction/ Wrongful Retention
  • Cohabitation Disputes

 

Court of Protection

  • LLB (Hons.) University of Kent, Canterbury 2006
  • Bar Vocational Course, BPP, London 2008
  • FLBA (Family Law Bar Association)
  • Association of Lawyers for Children (ALC)
  • Kate enjoys cooking, travelling and walking her beloved Border Collie.

Kate Kochnari – Stour Chambers, 8 Vernon Place, Canterbury, CT1 3HG

 

My registration number is: Z2140655

 

Privacy Policy

 

In order to provide legal advice and representation, I need to collect and hold personal information. This may be your personal data or information relating to other parties involved in the matter. I will take all possible steps to protect personal information. I will ensure that I do not do anything that may infringe your rights or undermine your trust. This privacy notice describes the information I collect about you, how it is used and shared, and your rights regarding it.

 

Data controller

 

I (Kate Kochnari) am registered with the Information Commissioner’s Office (ICO) as a Data Controller for the personal data that I hold and process as a barrister. My ICO registration number is Z2140655. If you need to contact me about your data or this privacy notice, you can reach me at Stour Chambers, 8 Vernon Place, Canterbury, Kent, CT13HG or by e-mail to clerks@stourchambers.co.uk

 

Data collection

 

The vast majority of the information that I hold about you is provided to or gathered by me in the course of your case and/or proceedings and/or the provision of legal services. Your solicitor and/or I will tell you why we need the information and how we will use it. On occasion I may also obtain information that is available publicly.

 

What data do I process about you?

 

I collect and process both personal data and special categories of personal data as defined in the GDPR. This may include:

 

  • Name
  • Email address
  • Phone number
  • Address
  • Payment or bank details
  • Date of birth
  • Next of kin details
  • Details pertaining to education and employment
  • Information on your background & current circumstances
  • Financial information
  • Other family details
  • Lifestyle and social circumstances
  • Information concerning your health

 

Where relevant, I may also need to process special category personal data that reveals your:

 

  • Racial or ethnic origin
  • Political opinions
  • Religious and philosophical beliefs
  • Trade union membership
  • Genetic data
  • Biometric data for the purpose of uniquely identifying a natural person
  • Data concerning health
  • Sex life and sexual orientation.

 

On occasion, I may also process personal data relating to criminal convictions and offences.

 

The same categories of information may also be obtained from third parties, such as other legal professionals or experts, members of the public, your family and friends, witnesses, courts and other tribunals, investigators, government departments, regulators, public records and registers.

 

My lawful basis for processing your information

 

The General Data Protection Regulation (the GDPR) requires all organisations that process personal data to have a lawful basis for doing so. The lawful bases identified in the GDPR that I seek to rely upon are as follows:

 

  • Consent of the data subject – where this required, I will ensure that I have your specific consent for processing your data.
  • Performance of a contract with the data subject or to take steps to enter into a contract.
  • Compliance with a legal obligation – to comply with various regulatory and professional obligations, e.g. filing tax returns with HMRC.
  • The legitimate interests of my business or a third party, except where such interests are overridden by the interests, rights or freedoms of the data subject.

 

Examples of legitimate interests include:

 

  • Where the data subject is a client or in the service of the controller;
  • Provision of legal services and advice;
  • Processing is necessary to ensure network and information security, including preventing unauthorised access;
  • For purposes of practice management, accounting and debt recovery;
  • For completion of professional regulatory requirements;
  • Processing for direct marketing purposes, or to prevent fraud; and
  • Reporting threats to public security.

 

Special category processing

 

I process special category data when:

 

  1. I have your explicit consent to do so; or
  2. It is necessary for the exercise or defence of legal claims or judicial acts.

 

Criminal data processing

 

On occasion, I process data relating to criminal offences where it is necessary for:

 

  • The purpose of, or in connection with, any legal proceedings;
  • The purpose of obtaining legal advice; or
  • The purposes of establishing, exercising or defending legal rights.

 

I use your information to:

 

  • Provide legal advice and representation;
  • Assist in training pupils and mini pupils;
  • Investigate and address your concerns;
  • Communicate with you about news, updates and events;
  • Investigate or address legal proceedings relating to your use of my services, or as otherwise allowed by applicable law;
  • Make statutory returns as required by HMRC or other similar body;
  • Assist in any tendering or panel membership applications;
  • Assist in any other applications for the purpose of professional development or career progression;
  • Communicate legal updates and judgments to other legal professionals;
  • For marketing purposes;
  • To take or defend legal or regulatory proceedings or to exercise a lien;
  • To respond to potential complaints or make complaints;
  • To check for potential conflicts of interest in relation to future potential cases;
  • To carry out anti-money laundering and terrorists financing checks;
  • To respond to requests for references;
  • When procuring goods and services;
  • To publish legal judgments and decisions of courts and tribunals as required or permitted by law.

 

I may share your personal data with:

 

  • Instructing solicitors or other lawyers involved in your case;
  • A pupil or mini pupil, under my training;
  • Opposing counsel, for the purposes of resolving the case;
  • My chambers management and staff who provide administrative services;
  • My regulator or legal advisors in the event of a dispute or other legal matter;
  • Law enforcement officials, government authorities, or other third parties to meet any legal obligations;
  • Legal directories, for the purpose of professional development;
  • Any relevant panel or tendering committee, for the purpose of professional development;
  • Accountants and banking officials;
  • Regulators or arbitrators, where complaints or disputes arise;
  • Any other party where I ask you for consent, and you consent, to the sharing;
  • Data Processors, such as Chambers Staff, IT support staff, e-mail providers, data storage providers and professional colleagues;
  • Experts and other witnesses;
  • Prosecution authorities;
  • Courts and tribunals;
  • Lay clients;
  • Family and associates of the person whose personal information I am processing;
  • In the event of complaints, the Head of Chambers, other members of Chambers who deal with complaints, the Bar Standards Board, and the Legal Ombudsman

 

Transfers to third countries and international organisations

 

This privacy notice is of general application and as such it is not possible to state whether it will be necessary to transfer your information out of the EEA in any particular case or for a reference. However, if you reside outside the EEA or your case or the role for which you require a reference involves persons or organisations or courts and tribunals outside the EEA then it may be necessary to transfer some of your data to that country outside of the EEA for that purpose. If you are in a country outside the EEA or if the instructions you provide come from outside the EEA then it is inevitable that information will be transferred to those countries. If this applies to you and you wish additional precautions to be taken in respect of your information please indicate this when providing initial instructions.

 

Some countries and organisations outside the EEA have been assessed by the European Commission and their data protection laws and procedures found to show adequate protection. The list can be found here. Most do not. If your information has to be transferred outside the EEA, then it may not have the same protections and you may not have the same rights as you would within the EEA.

 

I may transfer your personal information to the following which are located outside the European Economic Area (EEA):

 

  • cloud data storage services based in the USA who have agreed to comply with the EU-U.S. Privacy Shield, in order to enable me to store yourdata and/or backup copies of your data so that I may access your data when they need to. The USA does not have the same data protection laws as the EU but the EU-U.S. Privacy Shield has been recognised by the European Commission as providing adequate protection. To obtain further details of that protection see https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/eu-us-privacy-shield_en.

 

  • cloud data storage services based in Switzerland, in order to enable me to store your data and/or backup copies of your data so that I may access your data when I need to. Switzerland does not have the same data protection laws as the EU but has been recognised by the European Commission as providing adequate protection; see https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/adequacy-protection-personal-data-non-eu-countries_en. If I decide to publish a judgment or other decision of a Court or Tribunal containing your information then this will be published to the world. I will not otherwise transfer personal information outside the EEA except as necessary for providing legal services or for any legal proceedings. If you would like any further information please use the contact details at the end of this document.

 

I am satisfied that such transferred data is fully protected and safeguarded as required by the General Data Protection Regulation.

 

I retain your personal data while you remain a client unless you ask me to delete it. My Retention and Disposal Policy (copy available on request) details how long I hold data for and how I dispose of it when it no longer needs to be held. I will delete or anonymise your information at your request unless:

 

  • There is an unresolved issue, such as a claim or dispute;
  • I am legally required to; or
  • There are overriding legitimate business interests to do so.

 

Your rights

The GDPR gives you specific rights in terms of your personal data. For example, you have to be informed about the information I hold and what I use it for; you can ask for a copy of the personal information I hold about you; you can ask me to correct any inaccuracies with the personal data I hold, and you can ask me to stop sending you direct mail, or emails, or in some circumstances ask me to stop processing your details. Finally, if I do something irregular or improper with your personal data, you can seek compensation for any distress you are caused or loss you have incurred.

 

You can find out more information from the ICO’s website:

 

http://ico.org.uk/for_the_public/personal_information

 

and this is the organisation that you can complain to if you are unhappy with how I have dealt with your query.

 

Accessing and correcting your information

 

You may request access to, correction of, or a copy of your information by contacting me at clerks@stourchambers.co.uk   

 

Marketing opt-outs

 

You may opt out of receiving emails and other messages from my practice by following the instructions in those messages.

 

I will occasionally update my privacy notice.

 

When I make significant changes, I will notify you of these through either mail or email. I will also publish the updated notice on my chambers’ website profile.

This set comes recommended for its members' expertise in children and matrimonial finance matters. The children cases range across both public and private law work, and include those concerning non-accidental injury, sexual abuse and fabricated illness. On the financial side, the set's barristers demonstrate the ability to act in substantial financial remedies cases as well as Schedule 1 and TOLATA matters.

~ Chambers UK Bar Guide 2020

Stour Chambers has 'a range of barristers at different levels suited for different cases'. Members continue to be instructed in complex multi-day cases in the public law space, where it provides 'expert counsel' across Kent and further afield involving non-accidental injury, sexual abuse and extreme neglect. On the family finance front, Elizabeth Spence is a go-to barrister for high-value cases with issues of minority shareholdings and opponents deploying hostile litigation tactics.

~ Legal 500 Bar Guide 2021

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