Last Updated on 20 March 2026
There was disappointment for Save Wimbledon Park Ltd (SWP) and its supporters as the High Court ruled that the golf course land in Wimbledon Park is not subject to a statutory public recreation trust (under the Public Health Act 1875). Accordingly, the All England Lawn Tennis Club (AELTC) is not bound by any restrictions, resulting from such trust, which might impede the massive expansion of its estate onto that land. The AELTC had conceded that its scheme to build a new stadium and 38 other tennis courts would be incompatible with public recreation rights but denied that such rights existed.
Following a Trial lasting 6 days in mid-January Mr Justice Thompsell decided that, because it had at all times been leased to a private golf club, the golf course land was never subject to a statutory public recreation trust. Therefore, it did not matter that when the London Borough of Merton sold it to the AELTC in 1993, Merton omitted to undertake a statutory advertisement and consultation. The Supreme Court decision in the case of Day v. Shropshire did not apply.
In view of the nationally-important issues of law involved in the case, SWP intends to apply to the Court of Appeal for permission to appeal. Its decision is expected within about 3 months.
Jeremy Hudson said, “We love tennis but we continue the fight after this news because there is a strong case for protecting this precious open space from development. Wimbledon promised they would never build on this land. And Wimbledon can do better because there are existing, alternative plans which show that their scheme can be accommodated on their current site. This not only saves the environment but leaves the park free for the recreation and enjoyment of the public. These better plans would still allow AELTC to stage a qualifying tournament on site in keeping with the other Grand Slams. Therefore, we fight on.”
Christopher Coombe added, “We have always maintained the outcome of our case sets a precedent. Wimbledon Park is not just a local issue – it has significant national implications. This judgment is bad news for everyone in London and all around the country who live near similarly protected green space and open land which might now be bulldozed and built on. People also should be aware that the House of Lords will soon be debating an amendment to the English Devolution Bill, aimed at giving those who buy statutory trust land, avoiding any statutory advertisement and consultation, a ‘get out of jail card’. If passed, the amendment will effectively negate the Supreme Court decision in Day v. Shropshire, by allowing developers to apply to the Secretary of State for a statutory trust discharge order, which would extinguish public recreation rights.”
