Blog
Sanctions Guidance is not a score sheet – Court of Appeal findings from GMC v Gilbert & PSA
Jessica Etherington
26 February 2026
Sanctions Guidance is not a score sheet – Court of Appeal findings from GMC v Gilbert & PSA
In a judgment handed down on 6 February 2026, the Court of Appeal (CoA) dismissed appeals by both the General Medical Council (GMC) and the Professional Standards Authority (PSA) to overturn the decision to suspend, rather than erase, a consultant surgeon from the medical register.
The judgment arrives at an interesting moment. In November 2025, the Medical Practitioners Tribunal Service (MPTS) introduced new Sanctions Guidance based on bandings structured around low, medium and high-risk levels, replacing the previous approach that required tribunals to start with the least restrictive sanction. The Court’s findings in Dr Gilbert’s matter should now influence how this guidance is applied.
8 July 2020
Can one regulator investigate conduct associated with a Registrant’s other profession?
In this case the High Court considered the issue of whether the General Medical Council (GMC) could investigate the conduct of a doctor even though the conduct related to the Registrant’s work in his role as a solicitor.
26 March 2020
Coronavirus Act: how the emergency legislation will impact healthcare professionals
As the number of confirmed coronavirus cases surged in the UK this week, the government rushed emergency legislation through both Houses, and the Coronavirus Act 2020 (‘the Act’) subsequently received Royal Assent on 25 March 2020.
12 December 2019
Coronation Street delves into the legal problems of the GP Good Samaritan
Coronation Street character Dr Ali Neeson recently found himself facing a clinical negligence claim following his failure to diagnose appendicitis.
21 February 2019
Do professionals have the “right to be forgotten”?
A landmark ruling published in January 2019 by Amsterdam’s District Court has allowed a Dutch surgeon’s claim against Google and Dutch data privacy watchdog, Autoriteit Persoonsgegevens, regarding her “right to be forgotten”. The judgement handed down in July 2018 has only been published now, as there was a dispute as to whether it should be made public given the subject matter.
