People have been bathing in the ponds since the 1860s

The challenge was brought by the Hampstead Heath Winter Swimming Club against the Corporation of London.

Last July the corporation rejected the club's proposals for early morning, self-regulated swimming in the Mixed Pond on the heath in north London.

The club wants the pond reserved for the exclusive use of experienced club members during the winter season.

The court heard the corporation's refusal was based solely on its apprehension that were it to permit self-regulated swimming "it would be at risk of prosecution by the Health and Safety Executive", especially in the event of an accident.

This case comes at a time when... the importance of more people having access to outdoor swimming is crucial Mary Cane, chair of winter swimming club

Michael Beloff QC, appearing for the club, told Mr Justice Stanley Burnton: "This is a case about the right to take risks and the extent to which such a right has been curtailed by, to use a pithy but somewhat pejorative term, the nanny state."

He said the corporation feared that if it allowed self-regulated swimming it could face legal action for breaching section 3 of the 1974 Health and Safety at Work Act because it would need to ensure users of the ponds were not exposed to health and safety risks.

But he said any risk created would not be created by the corporation and it would not be involved in any "conduct" covered by the 1974 Act if it granted access to the club.

Mary Cane, chair of the winter swimming club, said: "People want the freedom to swim before work. We miss it terribly if we want to get to work and can't swim.

"This case comes at a time when the importance of health and physical exercise is being emphasised and the importance of more people having access to outdoor swimming is crucial."