A London swimming club is challenging the Corporation of London’s refusal to allow its swimmers access to a Hampstead Heath pond during the winter season.
The Hampstead Heath Winter Swimming Club proposes to use the mixed pond in winter for self-regulated, early morning swimming by experienced club members.
It claims that the corporation’s rejection of the scheme in July 2004 was based upon advice contained in a 2004 report by planning barrister Timothy Straker QC. He stated that if they were to permit self-regulated swimming, “they would be at risk of prosecution by the Health and Safety Executive” in the event of an accident.
Michael Beloff QC, counsel for the club, told High Court judge Stanley Burnton J that the case concerned the extent to which the right to take risks had been “curtailed by the nanny state”.
Swimmers have been bathing in ponds on the heath since the mid-1800s.
R (on the application of Hampstead Heath Winter Swimming Club and another) v Corporation of London Administrative Court (Stanley Burnton J) 7 April 2005.
References: EGi Legal News 07/04/2005