Terms of Engagement
TERMS OF ENGAGEMENT
1. Who we are. Your report is prepared by Chapman Expert Reports Ltd (company no. 08394304) through Byrne Harris (CeMAP, MEWI, Associate of Resolution).
2. What we provide. An independent expert report — usually a Mortgage Capacity Report — for use in family proceedings in England & Wales, Scotland or Northern Ireland. Reports for Scotland and Northern Ireland may be prepared by a suitably qualified associate expert instructed by us.
3. Our overriding duty to the court. Our overriding duty is to the court and takes precedence over any duty to the person instructing or paying us. In England & Wales this is set out in Part 25 of the Family Procedure Rules 2010 and PD25B; equivalent duties apply in Scotland and Northern Ireland.
4. What the report is — and is not. It is an expert opinion based on the information provided and current lending criteria. It is not financial, mortgage, tax or legal advice and is not an offer of a mortgage. This is an unregulated activity — not regulated by the FCA, and the Financial Ombudsman Service and Financial Services Compensation Scheme do not apply.
5. Your responsibility for the information. The report relies on the accuracy and completeness of what you (or your representative) provide. If the report must be re-done because information you gave was wrong or incomplete, a further fee applies (see our published rewrite fee).
6. Fees and payment. The fee is as published on chapmaner.com at the time of instruction (including any additional scenarios or rewrites). You may preview the completed report; the final downloadable and printable version is released once payment is made. We never take payment before you have previewed.
7. Delivery. Within the timeframe stated at instruction, provided we have all required information.
8. Corrections. Tell us promptly of any factual error via the query facility; we correct genuine errors. Re-workings from changed or corrected inputs are chargeable (clause 5).
9. Copyright and use. The report is provided for the specific proceedings instructed. Copyright remains with us; you and your representatives may use and file it for those proceedings.
10. Liability. We work with reasonable skill and care and carry professional indemnity insurance. Nothing limits liability for death/personal injury from negligence, for fraud, or for anything that cannot lawfully be limited. Otherwise our total liability is limited to [greater of the fee paid / £[amount] — solicitor to set, consistent with your PI cover].
11. Data protection. We handle your data per our Privacy Notice.
12. Complaints. See our Complaints Procedure.
13. Governing law. Governed by the law of the part of the UK in which the relevant proceedings are taking place (England & Wales, Scots law, or Northern Ireland), whose courts have jurisdiction.
