General Medical Council & Anor v James Gilbert [2025] EWHC 802 (Admin)
- Summary
- Citing
- Cited By
An appeal by the General Medical Council (GMC) and the Professional Standards Authority for Health and Social Care (PSA) against a decision by a Medical Practitioners’ Tribunal regarding Mr. James Gilbert, a consultant surgeon.
The Tribunal had imposed an eight-month suspension on Mr. Gilbert due to misconduct, including sexual harassment and racist comments towards colleagues, but did not require a review before he resumed practice.
The GMC and PSA argued that the sanction was insufficient and that erasure from the medical register was more appropriate. They contended that the Tribunal failed to adequately consider the seriousness of Mr. Gilbert’s conduct, including its impact on public confidence and patient safety.
The Tribunal’s decision was challenged on several grounds, including errors in applying legal principles, failing to apply relevant guidance, and not adequately reflecting the gravity of the conduct.
The High Court found that the Tribunal had erred in its application of legal principles, particularly in not finding certain racist comments to be proven and in not considering the potential impact on patient safety. The Court concluded that the Tribunal’s decision to impose an eight-month suspension without a review was wrong and increased the suspension to 12 months with a review required before Mr. Gilbert could resume practice.
Sastry & Okpara v General Medical Council [2021] EWCA Civ 623, [2021] 1 WLR 5029
General Medical Council v Jagjivan [2017] EWHC 1247 (Admin), [2017] 1 WLR 4438
The General Medical Council v Professor Sir Roy Meadow [2006] EWCA Civ 1390
Fatnani & Raschid v General Medical Council [2007] EWCA Civ 46, [2007] 1 WLR 1460
Datec Electronics Holdings Ltd v United Parcels Service Ltd [2007] UKHL 23; [2007] 1 WLR 1325
Khan v General Pharmaceutical Council [2017] 1 WLR 169, [2016] UKSC 64, [2017] 3 All ER 873
Council for the Regulation of Healthcare Professionals v General Medical Council and Southall [2005] EWHC 579 (Admin)
Ghosh v General Medical Council [2001] 1 WLR 1915, [2001] UKPC29
Bawa-Garba v General Medical Council [2018] EWCA CIV 1879, [2019] 1 WLR 1929, [2019] 1 All ER 500
Bowen & Stanton v Secretary of State for Justice [2017] EWCA Civ 2181
The Professional Standards Authority for Health And Social Care v The General Pharmaceutical Council & Anor [2021] EWHC 1692 (Admin)
General Medical Council v Zafar [2020] EWHC 846 (Admin)
Council for Healthcare Regulatory Excellence v (1) Nursing and Midwifery Council, (2) Grant [2011] EWHC 927 (Admin), [2011] ACD 72
Arunachalam v General Medical Council [2018] EWHC 758 (Admin)
Professional Standards Authority for Health and Social Care v General Medical Council & Uppal [2015] EWHC 1304 (Admin)
Assicurazioni Generali SpA v Arab Insurance Group [2002] EWCA Civ 1642
Assicurazioni Generali SpA v Arab Insurance Group [2003] 1 WLR 577
Meadow v General Medical Council [2006] EWCA Civ 1390, [2007] QB 462, [2007] 2 WLR 286, [2007] 1 All ER 1
Professional Standards Authority for Health and Social Care v General Pharmaceutical Council & Anor [2024] EWHC 577 (Admin)