Guy's & St Thomas's NHS Foundation Trust & Anor v ESMS Global Ltd & Anor

Guy's & St Thomas's NHS Foundation Trust & Anor v ESMS Global Ltd & Anor

Applicants Hill and Bahra are within the class represented by the second claimant under the Representation Order, as past beneficiaries of the Trust, making joinder unnecessary; the claimants’ prior descriptions of representative capacity were inaccurate and must be corrected.

Parties
Claimant: Guy’s & St Thomas’s NHS Foundation Trust; Claimant: Rita Fitzpatrick; Defendant: ESMS Global Ltd; Applicant: Eugene Hill; Applicant: Dr Suki Bahra
Jurisdiction
England and Wales
Judgment Date
28 January 2026
Procedural Posture
Commercial / Interlocutory Application Ruling
Outcome
Declaration granted; other relief refused or no order; costs reserved except no order as to costs for applicants.
Legal Topics
Representative Proceedings, Employee Benefit Trust, Joinder, Clarification of Representative Status
Trusts Contract Civil Procedure Representative Proceedings Employee Benefit Trust Joinder Clarification of Representative Status

Case Brief

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Parties

Guy’s & St Thomas’s NHS Foundation Trust

Claimant

Rita Fitzpatrick

Claimant

ESMS Global Ltd

Defendant

Eugene Hill

Applicant

Dr Suki Bahra

Applicant

Procedural Posture

Commercial / Interlocutory Application Ruling

Legal Issues

  1. 1 Whether former employees of ESMS are within the class represented by the second claimant under the Representation Order
  2. 2 Clarification of the scope of the second claimant’s representative capacity
  3. 3 Whether applicants should be joined as parties or receive directions regarding settlement communications

Ratio Decidendi

Applicants Hill and Bahra are within the class represented by the second claimant under the Representation Order, as past beneficiaries of the Trust, making joinder unnecessary; the claimants’ prior descriptions of representative capacity were inaccurate and must be corrected.

Court Disposition

Declaration granted; other relief refused or no order; costs reserved except no order as to costs for applicants.

Orders

  • Declaration that the second claimant represents all past, present and future beneficiaries of the Trust other than Mr Webster, Mr Sood or any Privileged Relation of either of them, and that the applicants are within the class thus represented.
  • Direction to file and serve corrected claim form, particulars of claim, and reply to accurately describe representative capacity.