Practice – Discontinuance of action. The correct approach had been to regard the discretion under CPR PD 44 para 12.4(c) as an unfettered one, requiring the weighing of all relevant considerations in accordance with the overriding objective. Accordingly, the Queen's Bench Division, allowed the defendant insurance company's appeal and ruled that the issue of fundamental dishonesty arising in relation to the claimants' personal injury claim be determined.