Swimmers fight for the right to an early dip

The ladies and gentlemen of Hampstead have been taking to the heath's ponds since the 19th century. From first light, they have braved the bracing waters for a pre-work dip come rain, snow or even ice.

But now a foe more fearsome than the elements threatens their traditional pursuit - the law on health and safety.

The Corporation of London has cut the ponds' opening hours to avoid being prosecuted by the Health and Safety Executive should an accident befall any swimmer. But early birds say the move makes it almost impossible for them to get to work on time after their dip.

Now, under the banner of the Hampstead Heath Winter Swimming Club, they have launched a court bid to force the Corporation to back down. They want to be allowed into the ponds before lifeguards go on duty and have applied for a judicial review of the decision not to allow "self-regulated swimming".

Under the new timetable, Highgate Pond for men and Kenwood Pond for women open 15 minutes after first light - which means swimming starts as late as 7.50am in November and 8am in December.

Richard Reingold, 40, a lawyer and one of the 20 or so regulars who brave the ponds daily in winter, said: "It would suit most people's needs if

the ponds opened at 6.30am. But 8am in December is too late for me. I'm sure people would volunteer to be lifeguards. People are committed to this." Banker Andrew Conway, 42, said: "We're all fairly grown-up after all. The feeling of going to work after a dip is fantastic. It stays with you all day and makes you much more alert."

The Corporation of London said that in addition to complying with health and safety regulations, independent experts, including the Amateur Swimming Association, say swimmers and lifeguards would be at risk in the dark. A spokesman said: "We cannot allow it."

The swimmers have employed barrister Michael Beloff QC for the court fight, while the Corporation is represented by Timothy Straker QC. The swimmers' solicitor, John Bramhall, is confident a judicial review will be granted but has appealed to the Corporation to reach a compromise. "We would prefer to find a middle ground to enable the swimmers to carry on what they've been doing, without incident, since the 1800s," he said.

Some swimmers, however, are even muttering about breaching the rules. "Some rebels would be prepared to swim without lifeguards," said Mr Reingold. "That would be foolish, but passions are running high."