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Re contrib: the judgment says that Darby asserted he would have explained the existence of the covenants to his client at their meeting (in accordance with his usual practice), but she denied he had done so, and Darby had no attendance note of the meeting to support his assertion. The Court therefore accepted client's account that this had not happened.
Clearly an attendance note, or a letter sending the covenants to the client, and inviting her to contact him if she was unclear as to their import, would have saved the day. As always in these matters, the document trail is all important.