Mediation is to take place to try to avoid a High Court hearing of a dispute between a multinational software development firm and four former Irish-based employees alleged to have unlawfully diverted business to a rival firm in which they are involved.

Scotland-headquartered Integrated Environmental Solutions Ltd (IES) and related IES R&D Ltd has brought the action against John Gleeson, Clontarf Park, Dublin, Darren Jordan, Rosealier House, Kilnagoran Kildare, Stephen Earle of Kilmuckridge, Co Wexford, and Seán O’Riordan of Hanover Quay, Dublin.

The case is also against Building Performance Consulting Engineers (BPCE), Ashbourne, Co Meath, which was allegedly set up by Mr Gleeson when he was still an employee of IES.

IES develops specialised software used to help design buildings that are more environmentally friendly.

The court has heard that all four were senior employees at IES’s Irish branch and. on dates between December and January last, they resigned from that company.

Proceedings

IES claims, during the course of their employment, and in breach of their contracts, they diverted business from it to the benefit of BPCE. It wants various orders against the defendants, including an injunction restraining them using IES’ virtual environmental software.

The claims are denied.

Last week, Ms Justice Leonie Reynolds granted IES permission to serve the proceedings on the defendants at short notice and adjourned the matter to Wednesday.

Marcus Dowling SC, for IES, told the judge on Wednesday the parties had agreed to go to mediation subject to an undertaking given in a solicitor’s letter and to a provision the defendants will be fully contesting the claim if mediation is not successful.

The mediation is due to take place this Friday and the case could come back to court a week later, he said.

The judge agreed to adjourn it to Friday week and noted an undertaking had been given and the letter reflected a compromise in relation to what the parties’ positions are.