The Armed Forces Act 2006 applies to the United Kingdom1, and extends to the Isle of Man2 and the British overseas territories except Gibraltar3, subject to such modifications as Her Majesty may by Order in Council specify4. Her Majesty may by Order in Council provide for all or any of the provisions of the Act to extend to any of the Channel Islands with such modifications as may be specified in the Order
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Having established that a duty of care exists (see Practice Note: Negligence—when does a duty of care arise?), it is then necessary to consider whether or not there has been a breach of that duty. This will depend on a number of factors outlined below and considered against the general background of
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