Deutsche Ruckversicherung Aktiengesellschaft and others v Walbrook Insurance Co Ltd and others - QBD (Com Ct)(Phillips J) - 21 April 1994

Practice - Evidence - Deposing to information and belief in interlocutory applications

The plaintiffs brought applications for interlocutory injunctions and served affidavits in support. The affidavitsrelied largely on the contents of a Department of Trade andIndustry report of investigations under section 432(2) of theCompanies Act 1985 concerning certain activities of certaindefendants. The defendants applied to have those parts of theaffidavits that referred to the DTI report, together with thereport itself (which had been exhibited to the affidavits) to bestruck out. Order 41 rule 6 of the Rules of the Supreme Courtprovided: ""The court may order to be struck out of any affidavitany matter which is scandalous, irrelevant or otherwiseoppressive”.