⟡ On the Defendant’s Cooperative Offer and the Claimant’s Contradictions ⟡
Filed: 10 September 2025
Reference: SWANK/WCC/INJUNCTION
Download PDF: 2025-09-10_Addendum_Westminster_CooperationContradictions.pdf
Summary: Demonstrates that Westminster refused voluntary accommodation yet sought injunction, creating contradiction, waste, and breach of duty.
I. What Happened
• On 10 September 2025, the Defendant received the Claimant’s injunction bundle only that morning, two days before the listed hearing.
• The Defendant immediately emailed Westminster Legal Services, copying both the County Court and the Central Family Court.
• Attached were the Claimant’s own bundle, plus two key exhibits:
– 28 July 2025 email: Kirsty Hornal’s rejection of the Defendant’s communication boundary.
– 1 September 2025 email: the Defendant’s voluntary institution of a one-bundle-per-week communication structure.
• The Defendant confirmed cooperation without need of injunctive relief.
II. What the Document Establishes
• Late service – bundle served on 10 September, compressing preparation time and breaching fairness.
• Contradiction – voluntary communication boundary refused in July, then demanded in September.
• Unnecessary application – the Defendant’s voluntary arrangement already satisfies proportionality.
• Evidence of cooperation – Defendant transparent and constructive; Claimant hostile and duplicative.
III. Why SWANK Logged It
• To preserve evidence of reasonable accommodation offered and refused.
• To highlight procedural contradiction and discriminatory escalation.
• To expose Westminster’s reliance on injunction as performance, not protection.
• To provide a unified record across Family, Administrative, Civil, and County Court proceedings.
IV. Applicable Standards & Violations
• CPR 1.1 – overriding objective breached by unnecessary escalation.
• CPR 32 & 39 – late service undermines fairness.
• PD 25A – injunction applications must consider less restrictive alternatives; the Defendant’s voluntary bundle already sufficed.
• Equality Act 2010, ss.20 & 149 – refusal of written-only bundle violates reasonable adjustments and PSED duties.
• HRA 1998, s.6 – authorities acted incompatibly with:
– Article 6 ECHR (fair trial),
– Article 8 ECHR (family life),
– Article 13 ECHR (effective remedy).
• Children Act 1989, ss.1 & 22(3) – welfare displaced by procedural hostility.
• Children Act 2004, s.11 – safeguarding duties diverted into litigation.
• Case Law – Re C and B (2001), Lancashire CC v B (2000), YC v UK (2012), Re L (2007) condemn unnecessary escalation and demand proportionality.
• Academic Authority –
– Bromley’s Family Law: litigation cannot replace cooperation; misuse of safeguarding powers is unlawful.
– Amos, Human Rights Law: proportionality test prohibits excessive or duplicative intervention.
V. SWANK’s Position
This is not safeguarding. This is contradiction institutionalised.
• We do not accept the fiction that injunction was necessary.
• We reject the waste of judicial resources and discriminatory refusal of reasonable adjustment.
• We will document this contradiction as evidence of institutional bad faith and bureaucratic waste.
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