Discusses the dispute in "Well Barn Shoot Ltd and another v Shackleton and another" ([2003] EWCA Civ 02, Abs66462). The Oxfordshire shooting estate claimed a right of access over one of the neighbouring farm's fields. Warren Farm's freehold had been purchased in 1991, with the estate reserving the shooting rights over the farm and right of way over a track on the farm. Also the farm had secured planning permission for the development of Warren Farm and the shoot wanted clarification that this development would not affect the shoot. The trial judge made provision for the maintenance of the shoot in light of the proposed development. The appeal centred on whether the judge should have granted a negative declaration of this kind. The fact that details of the development were uncertain, as was the behaviour of future occupiers led to a view that this was likely to provoke rather than resolve disputes. The CA agreed that discretion to grant such declarations should be used with control and that in this case the order was workable and appropriate.