Terms of Business – Caledonia Risk

Services

Caledonia Risk provides professional investigative, surveillance, intelligence and risk-management services including Covert Surveillance, BRAHAN Intelligence Services, Technical Surveillance Counter-Measures (TSCM), Electronic Bug Sweeping, General and Field Enquiries, Process Serving and associated investigative and intelligence services agreed in writing.

The precise scope of each engagement will be determined by the instruction submitted through the Engagement Form and any additional scope or requirements agreed or confirmed between the Client and Caledonia Risk.

Any material change or extension to the agreed scope may require further Client authority and may result in additional fees.

Acceptance of Instructions

Caledonia Risk reserves the right to accept or decline any proposed engagement.

Before accepting an instruction, we may require sufficient information to establish the identity of the Client, the purpose of the instruction, the relationship between the Client and any subject of enquiry, and the lawful and legitimate basis for the proposed activity.

We may request identification, supporting documentation, solicitor details or other information where reasonably required before accepting or continuing an engagement.

Acceptance of an instruction does not require Caledonia Risk to undertake any activity that subsequently appears unlawful, unsafe, disproportionate, unethical or materially different from the purpose originally disclosed.

Client Authority & Lawful Purpose

By instructing Caledonia Risk, the Client confirms that:

the instruction is made for a lawful and legitimate purpose;

information provided to Caledonia Risk is accurate and complete to the best of the Client’s knowledge;

all material circumstances relevant to the engagement have been disclosed;

where the Client acts for another person or organisation, the Client has appropriate authority to issue the instruction; and

information, intelligence or evidence obtained through our services will not knowingly be used unlawfully, maliciously or for an undisclosed improper purpose.

Caledonia Risk will not knowingly undertake services intended to unlawfully harass, intimidate, stalk, threaten or cause unjustified distress to another person.

Where concerns arise regarding the purpose or proposed use of an investigation, we may require further information or evidence of lawful authority before proceeding.

Professional & Legal Compliance

Services will be undertaken using reasonable professional skill and care and in accordance with applicable UK and Scottish law.

Investigative activity will be planned and conducted having regard to the circumstances of the instruction, including necessity, proportionality, privacy, data protection, operational security and safety.

Our personnel will not impersonate police officers, government officials or other persons where doing so would be unlawful.

Caledonia Risk retains professional and operational discretion concerning the lawful methods, personnel, equipment and investigative techniques reasonably required to perform an engagement.

We reserve the right to modify, suspend or discontinue any activity where continuation may create legal, ethical, safeguarding, operational or safety concerns.

Client Responsibilities

The Client must provide all information reasonably required for Caledonia Risk to undertake the engagement effectively and safely.

The Client must disclose any material information relevant to an instruction, including where applicable:

previous investigative or surveillance activity;

previous contact or confrontation with a subject;

known legal restrictions or proceedings;

court orders, bail conditions or protective measures;

known threats or safety concerns;

information indicating that a subject may be surveillance-aware; and

any other circumstances capable of materially affecting the engagement.

Failure to disclose relevant information may compromise an investigation, increase operational risk or affect our ability to properly interpret information obtained.

Caledonia Risk will not be responsible for consequences directly arising from materially inaccurate, incomplete or misleading information supplied by the Client.

Fees & Payment

Fees, rates and applicable payment arrangements will be communicated to the Client in connection with the instruction, including by quotation, email, telephone, invoice or other agreed communication.

Unless otherwise agreed in writing, payment is required in advance of commencement.

Reasonable additional expenses may include, where applicable, mileage, travel, accommodation, parking, tolls, public transport, specialist equipment, database and third-party search charges, additional personnel, extended operational hours, courier or document costs and other reasonable costs necessarily incurred in performing the engagement.

Where circumstances require work materially beyond the agreed scope, Client authority will ordinarily be obtained before substantive additional work is undertaken.

Immediate operational decisions reasonably required to preserve safety, operational continuity, discretion or evidence may be made without prior authority where seeking instructions at that time would be impracticable.

All fees and expenses properly incurred remain payable irrespective of whether the engagement produces the outcome anticipated by the Client.

Cancellation & Rescheduling

Operational personnel, specialist resources, equipment and planning time may be allocated in advance following confirmation of an engagement.

Unless otherwise agreed in writing, where the Client cancels a scheduled service or deployment:

More than 72 hours before commencement: no cancellation charge will ordinarily apply.

Between 24 and 72 hours before commencement: Caledonia Risk reserves the right to charge up to 50% of the professional fees attributable to the cancelled scheduled service or deployment.

Less than 24 hours before commencement: up to 100% of the professional fees attributable to the cancelled scheduled service or deployment may become payable.

Non-refundable third-party costs, travel, accommodation, equipment, database charges or other expenses reasonably incurred or committed before cancellation remain payable irrespective of the notice period.

Where work has already commenced, all professional fees and expenses incurred up to the point at which the engagement can reasonably be brought to an end remain payable.

Caledonia Risk will make reasonable efforts to accommodate requests to postpone or reschedule an engagement, subject to operational availability. Rescheduling does not automatically remove liability for costs or commitments already incurred.

Notice of cancellation or rescheduling must be provided in writing.

Suspension, Refusal & Termination

Caledonia Risk may refuse, suspend or terminate an engagement where:

instructions are or appear to be unlawful;

the Client breaches these Terms, the Letter of Engagement or any material condition expressly agreed in connection with the instruction;

material information has been withheld or misrepresented;

payment obligations have not been met;

continuation presents an unacceptable safety or operational risk;

an actual or potential conflict of interest is identified;

the purpose of the instruction materially changes;

safeguarding concerns arise; or

continuing would, in our reasonable professional assessment, be inappropriate.

Termination does not affect liability for professional fees, expenses or other costs already incurred.

Reasonable Endeavours & No Guarantee

The nature of investigative and intelligence work means that outcomes can depend upon circumstances outside our control.

Unless expressly agreed otherwise in writing, services are provided on a reasonable endeavours basis.

Fees are payable for professional time, expertise, resources, personnel and equipment deployed and not for a guaranteed outcome.

Caledonia Risk does not guarantee that:

a subject will be located;

surveillance will identify relevant activity;

photographic or video evidence will be obtained;

a third party will cooperate with enquiries;

particular records or intelligence will exist or remain available;

a technical inspection will identify every surveillance device or threat;

legal documents will be successfully served; or

information or evidence obtained will satisfy a particular evidential threshold or be accepted or admitted by a court, tribunal, insurer, regulator or other decision-maker.

Where a service is expressly offered on a “no trace, no fee” or other outcome-dependent basis, the specific conditions governing that arrangement will be communicated to the Client in connection with the instruction.

Reporting, Evidence & Deliverables

Where applicable, Caledonia Risk will provide a written report setting out material findings arising from the engagement.

Depending upon the service instructed, deliverables may include reports, photographs, video recordings, intelligence assessments, analytical findings, risk assessments, statements, service documentation or recommendations.

Evidence will only be obtained where lawful, safe and operationally appropriate.

The format and extent of reporting will depend upon the nature and scope of the instruction.

Unless expressly agreed otherwise, raw operational material, internal working documents, confidential source material, proprietary methodologies, internal analytical processes and internal case-management records do not form part of Client deliverables.

Third-Party Information & Sources

Investigative and intelligence services may involve information obtained from lawful databases, public records, open sources, third parties, witnesses and other investigative resources.

While reasonable steps may be taken to assess or corroborate material where appropriate, Caledonia Risk cannot guarantee the accuracy, completeness or continued validity of information originating from independent third-party sources.

The absence of information should not necessarily be interpreted as confirmation that no such information or circumstance exists.

Caledonia Risk accepts no responsibility for the independent acts, statements or representations of third parties contacted or identified during an engagement.

Confidentiality

All engagements are treated as confidential.

Information concerning an engagement will only be disclosed to the Client, persons appropriately authorised by the Client, our personnel, contractors or professional advisers where reasonably necessary, or where disclosure is required or permitted by law.

The Client is responsible for the appropriate handling, storage, disclosure and use of reports, intelligence and evidence following delivery.

Data Protection

Personal data will be processed in accordance with applicable data protection legislation, including the UK GDPR and Data Protection Act 2018, and in accordance with our Privacy Policy.

The lawful basis, extent and nature of processing will depend upon the circumstances and purpose of the individual engagement.

Caledonia Risk may restrict or withhold particular information where disclosure would create legal, safeguarding, security or data-protection concerns.

Intellectual Property

Unless otherwise expressly agreed in writing, reports, photographs, video, analytical products and other materials created by Caledonia Risk remain our intellectual property.

Upon full payment of all sums due, the Client is granted the right to use final deliverables for the lawful purpose for which the engagement was commissioned.

Caledonia Risk’s proprietary systems, methodologies, templates, analytical processes, operational techniques, internal documentation and intelligence platforms remain our property and are not transferred to the Client.

Court, Tribunal & Professional Attendance

Where Caledonia Risk personnel are subsequently required to prepare additional statements, affidavits or productions, participate in precognition or consultation, provide expert or professional evidence, or attend a court, tribunal or other hearing, additional fees and expenses may apply.

Reasonable notice should be provided wherever possible.

Reports and evidence will be prepared to an appropriate professional standard having regard to the purpose for which Caledonia Risk was instructed.

Caledonia Risk cannot guarantee the weight, treatment, acceptance or admissibility ultimately afforded to evidence by a court, tribunal or other decision-maker.

Limitation of Liability

Nothing in these Terms excludes or limits liability to the extent that such liability cannot lawfully be excluded or limited.

Subject to the foregoing and to the extent permitted by law, Caledonia Risk’s aggregate liability arising from an individual engagement will be limited to the professional fees paid to Caledonia Risk for the service giving rise to the claim.

Caledonia Risk will not be liable for indirect or consequential losses arising from the Client’s use of information, intelligence or evidence supplied by us to the extent such liability may lawfully be excluded.

The Client remains responsible for decisions made on the basis of information supplied by Caledonia Risk and should obtain independent legal, financial or other professional advice where appropriate.

Force Majeure

Caledonia Risk will not be liable for delay, interruption or failure to perform an obligation where caused by circumstances reasonably beyond our control.

Such circumstances may include severe weather, transport disruption, illness, emergency incidents, civil disturbance, governmental action, telecommunications or technology failure, or other events materially affecting our ability to perform the engagement.

Scope & Deployment

Covert surveillance will be conducted within the scope agreed with the Client. Mobile surveillance will generally require multiple operatives where reasonably necessary to maintain discretion, continuity and subject control.

Single-operative deployments may be used for appropriate static or limited assignments. The number of personnel deployed will be determined according to the circumstances, operational requirements and risk assessment.

Operational Control

Operational decisions remain under the control of Caledonia Risk and the surveillance team. This includes decisions concerning positioning, movement, continuation, temporary disengagement, subject following, evidence capture and termination of activity where reasonably necessary to protect personnel, preserve discretion, prevent compromise or comply with legal obligations.

Live operational updates will not ordinarily be provided where doing so may compromise the operation.

Evidence

Reasonable efforts will be made to obtain relevant photographic or video evidence where safe, lawful and operationally appropriate. The observation of relevant activity does not guarantee that usable imagery can be obtained.

Deployment Periods

Minimum deployment periods, operative numbers, rates and other operational requirements will be determined by the instruction and communicated to the Client where applicable. Where an authorised deployment continues beyond the originally agreed period, additional fees may apply.

Technical Equipment

Where tracking, camera or other technical equipment is authorised and lawfully deployed, any additional equipment conditions or applicable replacement or indemnity values may be communicated to the Client in connection with the instruction.

The Client will not automatically be responsible for operational loss or damage to equipment under the control of Caledonia Risk. Where loss or damage results from an act or omission of the Client, persons acting on the Client’s behalf, or circumstances for which responsibility has expressly been allocated to the Client, reasonable replacement or repair costs may become payable.

Scope

BRAHAN is Caledonia Risk’s investigative intelligence capability and, depending upon the instruction, may include background enquiries, due diligence, individual and entity profiling, tracing and address verification, asset identification, open-source intelligence, corporate and business intelligence, social and digital intelligence, litigation-related intelligence, risk and threat assessment, pre-engagement intelligence, pre-surveillance intelligence, risk scoring and matrix assessment, and other lawful investigative intelligence services.

The precise scope and depth of BRAHAN enquiries will be determined by the Client’s instruction and any additional requirements agreed or confirmed in connection with the engagement.

Information & Intelligence

BRAHAN findings are based upon information lawfully available or obtained at the time enquiries are conducted. Information may change, be incomplete, contain inaccuracies or subsequently become unavailable.

The absence of adverse information must not be interpreted as confirmation that no adverse information exists.

Analytical Assessments & Risk Scoring

Risk classifications, scores, matrices and analytical assessments represent professional assessments based upon the information available at the time of analysis.

They are intended to assist decision-making and should not be interpreted as statements of fact, guarantees or predictions of future conduct.

Where significant decisions depend upon a BRAHAN assessment, the Client should consider the assessment together with all other relevant information available to them.

Tracing

Tracing services may include the identification or verification of an individual’s current address, telephone number, email address or other relevant contact information where lawfully available.

Where tracing is provided on a “no trace, no fee” basis, the applicable conditions and what constitutes a successful trace will be communicated to the Client in connection with the instruction.

Asset Enquiries

Asset enquiries may seek to identify property interests, company interests, business interests and other assets or financial indicators capable of being lawfully identified.

Caledonia Risk does not obtain information through unauthorised access to private bank accounts, confidential financial records or other restricted information that cannot lawfully be accessed.

Asset identification is dependent upon available information and does not constitute a guarantee that all assets belonging to a subject have been identified.

Sensitive Cases

Caledonia Risk may require additional verification of lawful purpose, supporting documentation or solicitor details before undertaking or releasing information in sensitive cases.

This may include matters involving vulnerable persons, protective arrangements, allegations of abuse, harassment, domestic conflict or other safeguarding considerations.

We reserve the right to restrict or withhold information where disclosure would, in our reasonable assessment, create a serious legal, safeguarding or safety concern.

Scope

Caledonia Risk will conduct a professional technical inspection of the premises, vehicle, area or other agreed environment using appropriate equipment and methodologies for the purpose of identifying potential unauthorised surveillance devices or associated indicators.

The precise areas and assets included within the inspection will be agreed before commencement.

Technical Limitations

Every reasonable professional effort will be made to identify surveillance devices and associated threats. No TSCM inspection can guarantee detection of every possible device or surveillance method.

Detection capability may be affected by factors including device technology, concealment, construction materials, environmental conditions, device configuration, whether a device is transmitting or dormant, and technological developments.

A TSCM report therefore represents an assessment based upon the areas inspected and the conditions existing at the time of inspection.

Suspected Devices

Discovery of a suspected surveillance device does not mean that the device will automatically be removed, disabled, destroyed or otherwise interfered with.

Depending upon the circumstances, Caledonia Risk may recommend preservation in situ, photographic documentation, forensic examination, counter-surveillance, legal advice or referral to law enforcement.

We may decline to interfere with a suspected device where doing so could compromise evidence, create a safety risk or otherwise be inappropriate.

Reporting

Following completion, the Client will ordinarily receive a written report detailing material findings and, where appropriate, recommendations for further action.

Scope

General and Field Enquiries may include physical enquiries, neighbourhood enquiries, door-to-door enquiries, witness enquiries, witness tracing, location enquiries, site visits, factual enquiries and other agreed investigative activities requiring personnel on the ground.

Third-Party Cooperation

Field enquiries are undertaken on a reasonable endeavours basis. Information obtained may depend upon the presence, availability, recollection and willingness of third parties to engage.

Caledonia Risk cannot guarantee that any individual will answer questions, provide information or otherwise cooperate.

Representations

Personnel will conduct enquiries professionally and will not represent themselves as police officers, government officials or another person where doing so would be unlawful.

Reporting

The Client will ordinarily receive a written report recording material enquiries undertaken, information obtained and, where appropriate, recommendations for further action.

Scope

Unless otherwise agreed or communicated in connection with the instruction, the standard Process Serving service includes up to three attempts to serve the specified legal documents upon the individual or entity identified by the Client.

Attempts will be undertaken within reasonable operational timeframes having regard to location, information available and the apparent availability of the recipient.

Timescales

Where practicable, Caledonia Risk will seek to commence and complete service promptly. Any estimated or target timescale is an operational objective and does not constitute a guarantee unless expressly agreed in writing.

Successful Service

Successful service cannot be guaranteed. Where service cannot be effected within the included number of attempts, further attempts may be undertaken where authorised by the Client and may incur additional fees.

Proof of Service

Following completion, Caledonia Risk may provide a Statement of Service, Affidavit, Certificate of Service or other appropriate confirmation where requested and legally applicable.

Additional preparation, witnessing, notarisation or court-related charges may apply.

Documents

Where original documents are transmitted to or from Caledonia Risk using post, courier or another independent delivery provider, Caledonia Risk will not be responsible for loss or damage occurring while those documents are outside our possession or control.

Replacement, reissue or additional preparation of documents may incur additional costs.

Where information obtained during an engagement indicates that further or alternative investigative activity may be appropriate, Caledonia Risk may provide recommendations to the Client.

Substantive additional work outside the agreed scope will ordinarily require Client authority and may incur additional fees.

Where the nature or extent of an instruction changes materially, the revised scope, authority and any additional fees or requirements may be confirmed with the Client before further work is undertaken.

Any concern regarding a service provided by Caledonia Risk should be raised with us as soon as reasonably practicable to allow the matter to be reviewed and, where appropriate, addressed.

The submission of a complaint does not suspend any undisputed payment obligations.

Nothing within these Terms affects any rights or remedies which cannot lawfully be excluded.

These Terms, the Letter of Engagement and any engagement entered into under them, including the Client’s submitted Engagement Form, will be governed by the laws of Scotland.

The parties submit to the jurisdiction of the Scottish courts, subject to any mandatory jurisdictional or statutory rights which apply.

Variation

Caledonia Risk may amend these Terms from time to time.

Unless otherwise agreed, amendments will not retrospectively alter the contractual terms governing an engagement already accepted.

The version applicable to an engagement will ordinarily be the version provided or made available to the Client when that engagement is accepted.

Acceptance

These Terms form part of every engagement accepted by Caledonia Risk.

The Client will be deemed to have accepted these Terms where the Client:

accepts the Letter of Engagement and these Terms through the Caledonia Risk Engagement Form;

confirms acceptance in writing;

instructs Caledonia Risk to commence work after receiving or being provided access to these Terms; or

makes payment in respect of an engagement after receiving or being provided access to these Terms.

The Letter of Engagement, these Terms, the Client’s submitted Engagement Form and any engagement-specific terms expressly agreed between the Client and Caledonia Risk should be read together as the contractual framework governing the engagement.