Hampstead swimmers win battle

A group of swimmers today claimed victory over the "nanny state" after winning the right to take icy morning dips - at their own risk.

The campaigners had taken their case to the High Court after the Corporation of London stopped them taking dawn swims at Hampstead Heath ponds before lifeguards start work.

The Corporation claimed the tradition, dating back to the 19th century, was dangerous and left it open to prosecution in the event of an accident.

In a landmark ruling today the swimmers were given the right to make up their own minds whether or not to take any risk involved. One regular at the ponds, Mary Cane, 58, said she was "delighted" she could once again enjoy the dawn swims she had been taking for 20 years.

She added: "This decision has enormous ramifications for all open-water swimming and really does represent a successful attack by ordinary people on the nanny state and the cult of health and safety. This is a victory for commonsense."

William Crawley, 64, who has been swimming in the Hampstead ponds for 33 years, added: "We have been fighting for the right to take responsibilityfor ourselves and that is a right we have won today."

The Corporation, which is responsible for running the heath, had at one stage considered closing the ponds - one for mixed bathing, one for men and one for women.

After protests that involved local residents Lord Bragg and Michael Palin, the Corporation confirmed they would be kept open. But it was desperate-to cut the annual ?500,000 lifeguard bill and to safeguard itself against prosecution should anyone be injured while swimming.

In the ruling handed down today, Mr Justice Stanley Burnton said his decision to allow early morning swims was "just and sensible".

He ruled "the swimmers will be under no compulsion or pressure to incur the risks involved in self-regulated swimming. They will do so of their own free will."

He said the Corporation had based its ban "on a legal error", but it was not liable to prosecution.

The Corporation and the Health and Safety Executive are considering whether to appeal.