Judge to rule on dawn dips saga

DAWN swimmers at Hampstead Heath’s ponds have told a High Court judge they should be allowed to take the risk of having an early morning dip without lifeguards.
Members of Hampstead Heath Winter Swimming Club are pressing for the Corporation of London to reverse its decision last year to axe the early swims.
The Corporation says it can no longer provide lifeguards for the early shifts and is worried that it will be open to prosecution if an unsupervised swimmer is injured or drowned.
But the swimmers argue they should be allowed to take the risk of bathing without lifeguards if they want, sparking a judicial review at the Royal Courts of Justice on Thursday and Friday.
Michael Beloff QC, representing the swimmers, told the court: “This is a case about the right to take risks.”
Opening hours at the ponds were cut to 8am from a previous start of 7am or 7.30am in December and January.
Witnesses were not cross-examined but have filed statements to be read by judge Stanley Burnton, who is expected to give his verdict at the end of the month.
In his evidence, Robert Sutherland Smith, chairman of the United Swimmers Association of Hampstead Heath, said opening hours were crucial for swimmers. He added: “Even a small deferral of the opening hours may have the effect that they are simply unable to swim at all during the week because of the inflexibility of working hours.”
The club’s evidence includes a New Journal Forum article written by Mr Sutherland-Smith and a painting of people swimming in the pond by artist John Constable.
Timothy Straker QC, for the Corporation, said it had to manage carefully all facilities on the Heath. He added: “There is a cricket pitch on the Heath but it is not a case of who gets the stumps into the ground first gets to use the pitch. It is a facility that has to be rightfully managed.”
The court heard how Mr Straker had earned the nickname ‘Kill-joy Silk’ among some Hampstead swimmers.