Two people allegedly involved in surveillance of HR firm 'spy' are named in court
Retired private investigator Mark Murran, otherwise known as Rock Investigations, was allegedly the driver of a car involved in following and surveilling Keith O'Brien, a former Dublin-based payroll manager with Rippling, a US-headquartered multibillion-dollar HR software provider, the court heard.
Advertisement
Cliona Woods of Dublin-based Gotham Services was allegedly involved in organising "discreet surveillance". Both were joined as defendants in Mr O'Brien's action over the matter.
Both "categorically refute" Mr O'Brien's allegations of intimidation and harassment and say the surveillance was discreet, their barrister John O'Regan told the court on Tuesday.
The case was back before Mr Justice Brian Cregan to deal with a number of applications in advance of the hearing of the case, including changing the defendants from "persons unknown" to the two named defendants.
It was also back in to consider whether Deel Inc, the other US based HR firm involved, should also be joined to the case. Deel allegedly paid Mr O'Brien, of Balrothery in north Dublin, to pass on Rippling's trade secrets to it, a claim it denies.
Advertisement
Imogen McGrath SC, for Mr O'Brien, said the defendants had consented to an order not to surveil Mr O'Brien pending determination of the proceedings.
Counsel said she was not making an application to join Deel as the purpose of the case was to resolve the dispute between her client and the defendants. There may also be a third defendant but her side needed time to write to that potential defendant, she said.
Counsel also said there was a significant dispute over whether the surveillance amounted to harassment, which the defendants say it did not.
Mr Justice Cregan said he had been mulling over the issue and he was considering joining Deel at the motion of the court. While this was against the wishes of the O'Brien side, he did it in the context of an earlier claim that the surveillance was an interference with the administration of justice as Mr O'Brien is a defendant and witness in separate proceedings being brought over the alleged spying affair by Rippling against Deel.
Advertisement
It was also in circumstances where Deel's lawyers had, in a pre-litigation letter in reply to Mr O'Brien's solicitor, said it had no knowledge of the particular alleged surveillance being carried out. "Now that letter is either a blatant lie or a misrepresentation", the judge said.
He said the defendants were employed by Deel, which meant it was directly implicated. Ms McGrath asked the court to first allow the parties (her client and Deel) to exchange pleadings in the normal way.
Paul Gardiner SC, for Deel, said he took "grave exception to what the court said".
He believed the court should not be pronouncing on a letter as misrepresentation until it had heard all the facts. His side had written that letter according to what it believed to be true at the time, he said.
Advertisement
If the plaintiff says it did not want Deel joined, it was not for the court to say it should, he said. His client had actually invited the O'Brien side to do so, but it chose not to.
Counsel also pointed out that Mr O'Brien has entered into a cooperation agreement with Rippling, has agreed not to seek any reliefs against him in the separate Rippling/Deel case and has waived all claims against him.
Ireland
HR firm Deel admits it instructed 'discreet' surve...
Read More
The judge said he knew that joining a defendant to proceedings at the court's own motion was an exceptional jurisdiction, but that was in the circumstances of the allegations of intimidation and a letter which appeared to be manifestly misleading.
He said he wanted to reflect on the matter and will decide at the end of the week whether to hear submissions from the parties on the issue.
Advertisement
He also said, given that Mr Gardiner accepted the letter was incorrect, he did not see why counsel took "such umbrage at my interpretation". Ms McGrath said she thought Mr Gardiner "is making a mountain out of a very small molehill".
He continued the injunctions restraining surveillance of Mr O'Brien and requiring the defendants to preserve any evidence which may be used in the case. He would also hear an application on Friday by the defendants requiring Mr O'Brien to preserve evidence.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Sky News
21 minutes ago
- Sky News
UK content creators demand formal recognition from the government
The UK's YouTubers, TikTok creators and Instagram influencers have been surveyed on mass for the first time ever, and are demanding formal recognition from the government. The creator economy in the UK is thought to employ around 45,000 people and contribute over £2bn to the country in one year alone, according to the new research by YouTube and Public First. But, despite all that value, its workers say they feel underappreciated by the authorities. "If you look at the viewership, our channel is not too different from a big media company," said Max Klymenko, a content creator with more than 10 million subscribers and half a billion monthly views on average. "If you look at the relevancy, especially among young audiences, I will say that we are more relevant. That said, we don't really get the same treatment," he told Sky News. Fifty-six per cent of the more than 10,000 creators surveyed said they do not think UK creators have a "voice in shaping government policies" that affect them. Only 7% think they get enough support to access finance, while just 17% think there is enough training and skills development here in the UK. Nearly half think their value is not recognised by the broader creative industry. The creative industries minister, Sir Chris Bryant, said the government "firmly recognises the integral role that creators play" in the UK's creative industries and the fact that they help "to drive billions into the economy" and support more than 45,000 jobs. "We understand more can be done to help creators reach their full potential, which is why we are backing them through our new Creative Industries Sector Plan," he said. "The UK has got a fantastic history of supporting the creative industries," said Ben Woods, a creator economy analyst, Midia Research who was not involved in the report. "Whether you look at the film side, lots of blockbuster films are being shot here, or television, which is making waves on the global stage. "But perhaps the government needs to broaden that lens a little bit to look at just what's going on within the creator economy as well, because it is highly valuable, it's where younger audiences are spending a lot of their time and [the UK is] really good at it." According to YouTube, formal recognition would mean creators are factored into official economic impact data reporting, are represented on government creative bodies, and receive creator-specific guidance from HMRC on taxes and finances. For some, financial guidance and clarity would be invaluable; the 'creator' job title seems to cause problems when applying for mortgages or bank loans. "It's really difficult as a freelancer to get things like mortgages and bank accounts and credit and those types of things," said podcaster David Brown, who owns a recording studio for creators. "A lot of people make very good money doing it," he told Sky News. "They're very well supported. They have a lot of cash flow, and they are successful at doing that job. It's just the way society and banking and everything is set up. It makes it really difficult." The creative industries minister said he is committed to appointing a creative freelance champion and increasing support from the British Business Bank in order to "help creators thrive and drive even more growth in the sector". The government has already pledged to boost the UK's creative industries, launching a plan to make the UK the number one destination for creative investment and promising an extra £14bn to the sector by 2035. These influencers want to make sure they are recognised as part of that.
Daily Mail
34 minutes ago
- Daily Mail
AstraZeneca boss mulls New York listing in fresh blow for City: Exodus risks transforming London into a 'global backwater'
The boss of Britain's biggest listed firm is considering shifting its stock market listing to the US in a move that raised fears the City could become a global backwater. AstraZeneca chief executive Pascal Soriot is reportedly weighing what would be a devastating blow to the London Stock Exchange. The move comes amid growing frustration with the UK's rules on approving new medicines as well as a row over drug prices between the industry and the NHS. Soriot has spoken privately of his desire to move the FTSE 100 drugs giant's listing on multiple occasions. He has also considered moving AstraZeneca's headquarters away from the UK as well as its main stock market listing, the Times reported, citing sources familiar with the matter. Shares have fallen by 17 per cent over the past year. They rose 2.8 per cent, or 282p, to 10,402p following the report. Soriot, 66, has previously criticised the UK and the rest of Europe for falling behind other countries such as the US and China in developing medicines. In April, he said that innovation in pharmaceuticals 'has mostly been funded by the US'. The company has also been heavily investing in China, which Soriot considers to be a major untapped source of sales. AstraZeneca is the largest company on the London Stock Exchange with a value of £158billion. A move would deal a severe blow to the beleaguered UK market, which has been hit by a number of defections. It is also likely to fuel fears that other major British firms, including oil giant Shell and miners Glencore and Rio Tinto, all of whom have previously considered moving away from London, could follow suit. Michael Healy, UK Managing Director at trading platform IG, said: 'Another week, another potential hammer blow to the UK stock market. We're in dangerous waters – London risks becoming a global backwater unless something changes fast.' Charles Hall, head of research at broker Peel Hunt, said: 'This is another warning shot that we cannot take our capital markets for granted.' But Soriot is likely to face stiff resistance from members of the company's board of directors as well as from the Government. Dan Coatsworth, investment analyst at broker AJ Bell, said such a move would be 'difficult to pull off' for AstraZeneca, which declined to comment.
Daily Mail
34 minutes ago
- Daily Mail
Boost for Aviva boss Amanda Blanc as watchdog gives Direct Line takeover the green light
Aviva's boss has secured her most ambitious deal to date after the competition watchdog gave the takeover of Direct Line the green light. In a major boost for Amanda Blanc on her fifth anniversary as chief executive of the insurance giant, the Competition and Markets Authority cleared the £3.7billion takeover. The deal will create the UK's largest home and motor insurer – but it also puts up to 2,300 jobs at risk. Direct Line boss Adam Winslow, who joined from Aviva last year, is stepping down. There is said to be no love lost between Winslow and Blanc after their spell together at Aviva. The combined group will shed up to 7 per cent of its total workforce as it eliminates overlapping roles.
