Sir Roger told BBC Breakfast concerns were raised that two "relatively junior surgeons" had been left in charge of the unit, as well as from families of patients who claimed their requests to be transferred to other units were ignored.
But a unit of insurer XL Capital, which held some of ESP's junior notes, pointed to a different section of the contract, claiming that in the event of default all note holders would continue getting interest payments before dishing out any principal to BNP Paribas.