Kevin Holder

  • Year of Call 2011

Introduction

Kevin is a commercial chancery barrister, specialising in property, chancery, and commercial law. 

His work includes drafting statements of case, contractual documents, insurance policies and advising on and representing clients before the High Court and County Court in commercial, chancery, international, taxation and insurance and personal injury matters. Particular areas of interest are Monaco and San Marino tax law, international residence and domicile, aircraft and maritime brokerage, policy wording and coverage, subrogated recovery actions on behalf of insurers, and advising financial institutions on financial regulation and international trade sanctions.

Qualifications

LLB (LSE) Law
Harvard Law School – Post Graduate Diploma in US and International Copyright Law
Inns of Court School of Law - Bar Professional Training Course

Insurance

Kevin has undertaken work for Allied World Assurance Company as external underwriting counsel and acted on behalf of CNA Hardy, OAMPS, Regis Mutual Management, The Military Mutual, The Livery Companies Mutual, Magic Circle and specialist Insurance Law Firms.

To increase his commercial understanding of Insurance and underwriting principles and practice he has interned at Cathedral (now part of Lancashire Group), Leviathan (now part of Beazley), and Guy Carpenter. Kevin's work includes policy drafting and advising upon reinsurance coverage, subrogated recovery of outlay, and coverage disputes arising out of policy construction, misrepresentation and non-disclosure. Recent achievements include drafting a market leading MDBI policy, mutualising the Military Mutual, defeating Royal Sun Alliance’s Force and Violence (F&V) clause to secure a $1million claim by his Insured client, successfully avoiding a proximate clause exclusion, and successfully defeating a Syrian claim on the basis of international law. He was instructed to redraft policies to comply with the provisions of the Insurance Act 2015, which came into force on the 12th August 2016.

 

Property

Kevin is experienced in all areas of real property and landlord and tenant law, in both residential and commercial matters. He is regularly called upon to advise and provide representation before the Courts and the First Tier Tribunal (Property Chamber).  Recent cases have concerned:

Commercial Chancery

Kevin is regularly instructed to represent parties in commercial and chancery disputes and non-contentious matters. Recent achievements include successfully acting on behalf of a broker in dispute with a leading European manufacturer of commercial and military aircraft regarding circumvention/ non payment of commission on aircraft transactions, and a telecoms intermediary in a dispute with an infrastructure provider. Kevin has drafted an international brokerage agreement for the sourcing of multi- million pound yachts, and advised a private client on the aquisition of a historic and culturally significant car collection valued at £150,000,000. He recently drafted an agreement and deed of trust between a British and Hong Kong Company to acquire and operate a communications satellite. 

Intellectual Property

Kevin has acted as Standing Counsel to an Independent Records Company and a company specialising in licensing music and video rights. He advises musicians, filmmakers, and IT professionals on how to safeguard, defend, and license their creative works. He also acts for publishers and corporate licensors. Kevin has worked closely with the former Legal Director of global media corporation, who is a consultant for a number of major UK and foreign broadcasters. Recent achievements include negotiating and drafting a multi-million pound software licensing agreement, advising a corporate client on a major software licensing dispute, and assisting a fellow member of chambers in representing an internationally acclaimed UK music artist and composer (who has achieved several UK Chart No.1s) in negotiations concerning a historic copyright dispute.

Kevin has a keen interest in the mechanics and theory of international law and its transnational permutations. In addition to his studies of UK copyright law he also studied US and International Copyright Law at Harvard University. This provides him with a comparative law insight and enriches the breadth of advice he is able to provide, particularly in relation to international agreements. In his spare time, Kevin creates and publishes music, records short films, and is learning a number of web development and coding languages. He therefore has a passion not only for intellectual property law, but also the material that it seeks to protect, and the industries it seeks to sustain.

Personal Injury

Kevin has an extensive personal injury practice acting on behalf of corporate defendants and their insurers. He is regularly instructed by leading defence firms and has a reputation for thoroughness and tenacity.

Kevin advises on both liability and quantum, drafts statements of case, and represents clients at CMCs and fast track and multi-track trials.

Kevin has successfully represented clients including Virgin Active, Bourne Leisure, NCP Car Parks, Park Resorts and Greene King.

 

Insolvency

Kevin has experience in corporate and personal insolvency disputes and is instructed by insolvency practitioners, third party creditors, and respondents. Kevin recently advised creditors on their potential rights of redress following the collapse of a major international high street clothing retailer. His work includes applications to set aside statutory demands, High Court injunctive relief, bankruptcy and winding up petitions.  

Qualifications

LLB (LSE) Law
Harvard Law School – Post Graduate Diploma in US and International Copyright Law
Inns of Court School of Law - Bar Professional Training Course

Direct Access

Kevin is accredited to accept work under Direct access, also known as Public access, in suitable cases. In order to instruct Kevin on a Direct access basis, contact the clerks on +44 (0) 20 7242 6476 or at clerks@33bedfordrow.co.uk. 

GDPR Notice

Kevin is a self employed barrister in independent practice. During the course of providing legal services as a barrister, Kevin collects and uses personal information.  He is the data controller in respect of this information for the purposes of the Data Protection Act 2018 and the General Data Protection Regulation ('GDPR').

33 Bedford Row is separate and has its own Data Protection Act 2018/GDPR 'Privacy Policy and Data Protection Statement', in respect to personal information collected, used and stored by or related to it. This covers personal information arising from, or related to, 33 Bedford Row providing services as a barristers chambers, as well as use of its website. This 'Privacy Policy and Data Protection Statement' sets out what information they obtain about you, why and how they use it.  This policy also sets out your rights.

Kevin has a retention of data policy within his Privacy Policy which sets out how long he retains personal information and the reasons why he adopts certain retention periods.

You can view 33 Bedford Row's 'Privacy Policy and Data Protection Statement' on 33 Bedford Row's website. Hard copies are available on request by contacting chambers directly.

Privacy Notice

Privacy Notice - General Data Protection Regulation – Kevin Holder

Please read the following information carefully.

This privacy notice contains information about the information collected, stored and otherwise processed about you and the reasons for the processing. It also tells you who I share this information with, the security mechanisms I have put in place to protect your data and how to contact me in the event you need further information. 

Who Am I?

Kevin Holder is a barrister practising at 33 Bedford Row Chambers, 33 Bedford Row, London, WC1R 4JH. I collect, use and am responsible for personal information about you (personal information being any information about an individual from which that person can be identified). When I do this I am the ‘controller’ of this information for the purposes of the General Data Protection Regulation (“GDPR”) and the Data Protection Act 2018. If you need to contact me about your data or the processing carried out you can use the contact details at the end of this document.

What do I do with your information?

Information collected

When carrying out the provision of legal services or otherwise providing services to you I collect personal information that you provide that includes, but is not limited to, the following:

a. personal details (including copies of documents such as passports and driving licences)

b. family details

c. lifestyle and social circumstances

d. goods and services

e. financial details

f. education, training and employment details

g. other personal data relevant to, or included in, instructions to provide legal services, including data specific to the instructions in question and data included in documents provided to me as part of instructions or otherwise.

In relation to (g) such information may include personal information relating to family members, associates, agents, employees, shareholders or beneficial owners.  Where you provide such personal information to me, you confirm that you are authorised to do so. It is not reasonably practicable for me to provide to these individuals the information set out in this Privacy Notice. Accordingly, where appropriate, you are responsible for providing this information to any such individuals.

Similarly, where you are a professional client and provide me with personal data relating to your client (including any information referenced in (f) above) you confirm that you are authorised to do so.

Information collected from other sources

The personal information I obtain may include information which has been obtained from:

In particular, I may collect information from a solicitor or accountant or other professional adviser that instructs me on your behalf to provide legal services.

How I use your personal information:

Purposes I may use your personal information for the following purposes:

Whether information has to be provided by you, and why

If I have been instructed by you or on your behalf on a case, your personal information has to be provided to enable me to provide legal services to you, and to enable me to comply with my professional obligations, and to keep accounting records.  If you do not provide the personal information requested, it may delay or prevent me providing services to you.

The legal basis for processing your personal information

I rely on the following as the lawful bases on which I collect and use your personal information:

If you have consented to the processing of your personal information, then I may process your information for the Purposes set out above to the extent to which you have consented to me doing so.

If you are a client, processing is necessary for the performance of a contract for legal services or in order to take steps at your request prior to entering into a contract.

In relation to information which is regarded as “special category data” for GDPR purposes which includes personal information revealing a person’s racial or ethnic origin, religious or philosophical beliefs or data concerning age) I rely on your consent for any processing for the purposes set out in purposes (ii), (iv), (vi) and (viii) above. I need your consent to carry out processing of this data for these purposes. However, if you do not consent to processing for purposes (iv) (responding to potential complaints) I will be unable to take your case. This is because I need to be able to retain all the material about your case until there is no prospect of a complaint.

In relation to information regarded as “special category data” for GDPR purposes I am entitled by law to process the information where the processing is necessary for legal proceedings, legal advice, or otherwise for establishing, exercising or defending legal rights.

In relation to information which is not regarded as “special category data” for GDPR purposes, I rely on my legitimate interest and/or the legitimate interests of a third party in carrying out the processing for the purposes set out above.

In certain circumstances processing may be necessary in order that I can comply with a legal obligation to which I am subject (including carrying out anti-money laundering or terrorist financing checks).

The processing is necessary to publish judgments or other decisions of courts or tribunals.

Where I rely on legitimate interests as a lawful basis for processing your personal information, I will carry out a balancing test by reference to your interests and fundamental rights and freedoms. I will only use your personal information for the purposes for which I collected it, unless I reasonably consider I need to use if for another reason and that reason is compatible with the original purpose.

Who will I share your personal information with?

Other people If you are a client, some of the information you provide will be protected by legal professional privilege unless and until the information becomes public in the course of any proceedings or otherwise. As a barrister I have an obligation to keep your information confidential, except where it otherwise becomes public or is disclosed as part of the case or proceedings.

It may be necessary to share your information with the following:

During my first three years of practice, the Bar Standards Board requires there to be a “relevant qualified person” in Chambers to provide me with guidance in relation to the provision of legal services and I may therefore need to share personal information with that qualified person in order to obtain such guidance. In all such cases, the other member of Chambers will be required to respect the terms of this policy and to treat your information as confidential. I may be required to provide your information to regulators, such as the Bar Standards Board, the Financial Conduct Authority or the Information Commissioner’s Office. In the case of the Information Commissioner’s Office, there is a risk that your information may lawfully be disclosed by them for the purpose of any other civil or criminal proceedings, without my consent or yours, which includes privileged information.

I may also be required to disclose your information to the police or intelligence services, where, acting in good faith, I consider it required or permitted by law. 

Data Processing

I use a number of different service providers (acting as ‘data processors’) who provide administration and  IT-related services to enable me to operate my business and provide  services to clients. Your personal information is transferred to (and stored by) these data processors, who generally fall under the following categories:

Please contact me using the details at the end of this document if you want further information on specific data processors or the types of personal data they process for me.  

If you would like more information about the systems operated by Chambers in acting as a data processor for me, please contact the Senior Clerk.

Transfer of your information outside the European Economic Area (EEA)

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):

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.

How long will I store your personal data?

I will normally store all your information:

If, when reviewing the personal information I hold, I determine that it is no longer necessary for me to retain such personal information, I will take appropriate steps to either anonymise it or delete it.

(Please note that personal information does not include data where the relevant person’s identity has been removed (ie anonymous data).)

Consent

As explained above, I am relying on your explicit consent to process any of your personal information e that is “sensitive information” for GDPR purposes.  You provided this consent when you agreed that I would provide legal services. In addition, there may be other circumstances in which I rely on your explicit consent to process other personal information. . Where the lawful basis on which I can process your personal information is consent, you have the right to withdraw this consent at any time. If you withdraw you consent this will not affect the lawfulness of any processing activity I have carried out prior to you notifying me of the withdrawal of your consent. Further, withdrawal of your consent will not affect the lawfulness of processing on any other applicable lawful basis, (for example, if you have asked me to work for you and I have spent time on your case, you may owe me money which I will be entitled to claim). To withdraw consent, you should notify me by contacting me as set out at the end of this document.

Your Rights

Under the GDPR, you have a number of rights that you can exercise in certain circumstances. These are free of charge. In summary, you may have the right to:

If you want to exercise any of these rights, please contact me  using the contact details at the end of this document. Please provide a contact address so that you can be contacted to request further information to verify your identity and in addition:

Keeping your data secure

I use reasonable technical and organisational security measures to prevent personal information from being accidentally lost or destroyed, or used or accessed in an unauthorised way.  In this connection, Chambers, as data processor, acting on my behalf, will only process your personal data on my instructions and are subject to a duty of confidentiality.

Marketing Emails

As above, I may share your personal data with Chambers who may in turn use that data to notify you by email, telephone or post about invitation to seminars and similar events.  You may opt out of receiving any such marketing communications at any time by using the “unsubscribe” link in any emails. In relation to how Chambers uses such data, please see Chambers’ privacy policy. Other than sharing personal data with Chambers as described above, I will not share your information with any other third party for marketing purposes.

How to make a complaint?

The GDPR also gives you the right to lodge a complaint with the Information Commissioners’ Office if you are in the UK, or with the supervisory authority of the Member State where you work, normally live or where the alleged infringement of data protection laws occurred. The Information Commissioner’s Office can be contacted at http://ico.org.uk/concerns/. 

Future Processing

I do not intend to process your personal information except for the reasons and purposes stated within this privacy notice. If this changes, this privacy notice will be amended and placed on Chambers website. 

Changes to this privacy notice

This privacy notice was last updated on 7 October 2019. I may change this policy from time to time. When I do it will be placed on Chambers website. 

Contact Details

If you have any questions about this privacy notice or the information I hold about you, please contact me or my clerks.  The best way to contact me is to write to me at my Chambers address (33 Bedford Row, London, WC1R 4JH) or contact my clerks by email at clerks@33bedfordrow.co.uk or by telephone at  +44 (0) 20 7242 6476.

Transparency Information

Kevin Holder's entry can be found on the Bar Standard Board's Barrister Register.

The Legal Ombudsman's decision data website can be found online.

Kevin Holder is regulated by the Bar Standards Board. 

Professional, licensed access and/or lay clients may contact Kevin Holder, through the 33 Bedford Row clerks, to obtain a quotation for legal services. Contact details are:

clerks@33bedfordrow.co.uk
0207 242 6476

Kevin Holder's most commonly used pricing models, are:

(1) for specific hearings - a fixed fee plus disbursements; 
(2) for other work - hourly rates plus disbursements.

The areas of practice in which he most commonly provides legal services, are disputes involving:

(1) Commercial and Financial Services;
(2) Chancery;
(3) Company;
(4) Intellectual Property;
(5) Property and Landlord and Tenant;
(6) Civil Disputes.

His most commonly provided legal services are:

(1) Representation in court;
(2) Advising in conference; and
(3) Drafting letters/witness statements/statements of case;

The factors which might influence the timescales for his most commonly provided legal services:

(1) complexity of the task;
(2) availability of all the documentation;
(3) availability of additional information from the client
(4) amount of papers that need to be read.

A website called Legal Choices is run by the frontline legal regulators. It can be a good source of information for those looking to instruct a lawyer.

Kevin has professional indemnity insurance cover for all the legal services he supplies to the public and businesses. 

Kevin is registered with the Information Commissioner’s Office (ICO): ZA074811