Brought to Court
On the 20th of January 2017 Derek Kavanagh received an email from Gary Daly and Solicitors with outrageous accusations relating to ownership of his social media accounts namely Keepitonthedeck. Gary Daly and solicitors were representing instructions from MR David Berber and MR Darren McGrath, both gentlemen described as experienced business men and involved in numerous companies during court proceedings that would take place weeks later. Court action was brought against MR Kavanagh which began on Friday the 24th of February at 10am in Court 22, Áras Uí Dhálaigh, Inns Quay, Dublin 7. MR Berber and MR McGrath intended to establish control of MR Kavanagh's social media accounts.
The Court Case
Numerous court sittings took place between February and June 16th 2017. MR David Berber filed multiple sworn affidavits during this period of time with MR McGrath filing only one towards the end of the case, each and every affidavit was responded to with sworn affidavits by MR Kavanagh. MR Berber and MR McGrath conceded defeat and folded their case before the case could go to a full hearing where MR Kavanagh would have been permitted under law to present his multiple audio recordings and records of evidence before the court. On Friday June 16th 2017 Judge Linnane at 10:10am awarded an order for cost in the favour of MR Kavanagh. MR Kavanagh had won the case. MR Kavanagh would later go on to certify his costs for the case.
Between June 2017 and April 2018 no payments were forthcoming from either MR McGrath or MR Berber. MR Daly the solicitor of MR Berber and MR McGrath had also failed to reply to legal letters sent from MR Kavanagh's solicitors with a taxation cert. The cert showed MR Kavanagh's extensive legal fee's taxed and certified by the tax master.
With no communication or payments coming from MR Berber or MR McGrath, MR Kavanagh paid more fee's to have his solicitors prepare judgment papers in order to have the certified costs converted to an execution order in April 2018. These papers were then filed to the court.
Days away from a execution order being granted contact arrived from the solicitor of MR Berber and MR McGrath. Subsequently both men paid in full the costs ordered against them before the execution order could be complete.
Statement from Derek Kavanagh
In 2015 David Berber approached me about Keepitonthedeck. Following multiple meetings and conversations Berber promised to help me develop a software I had clearly detailed to him that would be affordable and very helpful to all grassroots coaches. David Berber insisted a company be set up to manage this project, Keepitonthedeck Limited, I made it clear none of my social media, website or anything I was currently doing would be associated with this project company, thus no contracts or any agreements were signed for that very reason relating to any of my social media or website. Berber agreed to this. Not only did Berber fail on his promise to develop the software I had envisaged, he had the audacity to claim Keepitonthedeck Limited was set up to allow him grow and expand my social media accounts, accusations he made in sworn affidavit format during the court case he initiated against me. Both Berber and McGrath made grave errors multiple times online during 2016 that triggered alarm bells for me, not least including me in messenger discussions where I could clearly see and learn what was being plotted against me from very early on. I literally could not believe the audacity and the sheer lack of know how to operate a simple Facebook messenger, I said nothing but watched very closely. It was very difficult to say nothing given some of the conversations I seen about myself but I chose to be very cautious, the fact I was added to the group chats where I was being slagged off and plotted against was astonishing, completely idiotic but a great help to me.
Those alarm bells and also warnings from close friends led me to record every single phone call, screenshot all text or interactions, all emails and even audio record face to face meetings for my protection, something I done since early 2016. I suspected both of these business men were up to something and looking to take advantage of me and felt I needed to protect myself. As such the evidence at my disposal built over a year and a half on was substantial to say the very least. Just three days before court action was taken against me in 2017 I secured the services of solicitors who took the case on within ten minutes of our first meeting having seen the evidence I had built against the individuals Berber and McGrath over a year period. I seen this coming and in truth legal letters to me did not scare me, I did not hesitate to take an extensive family loan to defend myself, I knew I'd win with ease but just didn't understand how the legal system worked and that it would take so long, I couldn't simply play David Berber's own voice and end the case on day one, court doesn't work like that. In fact I even wrote an email to Berber, McGrath and their solicitor informing them I had no problem with them taking me to court, little did they know I had everything I needed to disprove any outlandish claims they would bring against me. I was determined that these people be shown that it is unacceptable to pick on people, especially those who appear easy to pick on. The past 14 months has taken patience and been a real drag on my life. I wouldn't change a thing however, I have no regrets about defending myself.
I am extremely proud that I stood up to Berber and McGrath, not only won my court case but also endeavoured for over 8 months after to get every single penny of my family loan returned, for that I am very proud and I hold my head high. I am absolutely disgusted by the actions of both David Berber and Darren McGrath for what they done, I worry that the current court system allows loop holes in relation to social media claims be entertained, that needs urgent addressing!!!!. I write today in the hope my experience can help others. My advice would be to always keep records of everything you do in business, be wary of people seeking conversations face to face were nothing can be recorded. Look to keep records of everything, people in life can appear trustworthy but the truth is you just never know what is behind closed doors with anybody in life particularly in business. I end with a thank you to my long time partner Lynn who supported me throughout, to my close friends who provided invaluable warnings very early on and to my Mother who put some of her savings on the line to help provide me a loan to defend myself in a court setting. Justice has been served in the end, I hope that lessons have also been learned from this experience that can help others.