I found the arguments of Mr Assomull, who is the less illustrious lawyer of the two sides and representing Law Society, very persuasive. According to the 3 wise men, it all boils down to intention, specifically whether or not DS had the intention to suppress the breach (of undertaking) by his clients:
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Now listen to Mr Assomull:
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Let's not forget the affidavit of the clients was drafted by a team of 4 lawyers, and even
DS admitted that the affidavit was not clear enough to inform the Court that there was a breach of undertaking by his clients. Did the Court agree with Mr Assomull that DS and his team should have discharged themselves if the clients did NOT agree to the lawyers' advice on how the affidavit should be drafted to make it clear to the Court that there was a breach of undertaking?
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