In the case of a sum which is to be paid to Ofcom1:
(1) under any of the provisions relating to the grant of recognised spectrum access2;
(2) in pursuance of any provision of any regulations made under those provisions3; or
(3) because of any terms contained as a result of those provisions in a wireless telegraphy licence or any conditions contained as a result of those provisions in a grant of recognised spectrum access
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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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