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High Court refuses an injunction restraining the respondents from initiating a prosecution, and upholds the validity of fixed penalty notice issued against the applicants for breach of travel regulations, on the grounds that, although the notice wasn't provided in the correct form, the applicants were not misled by same.
High Court - Health Act, 1947 - section 31C - fixed payment notice - injunction sought restraining respondents from initiating prosecution - applicants say procedural unfairness - argue offence not specified - arises from Covid pandemic - Health Act 1947 (Fixed Payment Notice and Dwelling Event Provisions) (Covid-19) Regulations, 2021 SI No. 170 of 2021 - notice must be in certain form - no prosecution if payment within 28 days - difference between detail in notice and summons - 17th April, 2021 - applicants planned to travel from Dublin to Spain - no affidavit evidence from An Garda Síochána so account is unchallenged - applicants' solicitor says there's 90 regulations under section 31A - notice did not particularise "that" offence - applicants were not substantially misled - application dismissed.
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