Hear from the legal team who represented transplant surgeon, Mr Gilbert, during his MPTS hearing and the GMC and Professional Standards Authority’s subsequent appeals to the High Court and Court of Appeal. Against a backdrop of sexual misconduct in surgery coming under intense scrutiny, the GMC and PSA considered that the only appropriate sanction in Mr Gilbert’s case was one of erasure. Join us for a discussion about how the Court of Appeal viewed the GMC and PSA’s arguments as well as a wider look at sanctions at the MPTS, following the introduction of sanction bandings and the news that the GMC will soon lose its s.40A right of appeal.
Mark Sutton KC
Mark Sutton KC’s is regarded as one of the Bar’s foremost experts on disciplinary procedures in the health sector. He is described as ‘one of the few excellent lawyers to have equal footing in employment law and regulatory law’. He represents clients, both corporate and individual, in employment disputes and professional disciplinary proceedings and has appeared before the appellate courts in several landmark cases. He represents practitioners at the employment tribunal, in the civil courts and in substantial fitness to practise hearings.
Mark has acted as leading counsel in two successful Supreme Court appeals determining the scope of pre-emptive and financial remedies in disciplinary proceedings and has appeared in most of the recent cases before the High Court and appellate courts which have developed the law in this area. Mark has particular expertise in the field of whistleblowing in the health sector.
Nicola Newbegin
Nicola Newbegin is a former Solicitor (admitted January 2003) who specialises in employment, discrimination, professional discipline/regulation, administrative law/judicial review, human rights and data protection/privacy.
Nicola has been involved in some of the key regulatory appeals to the High Court and Court of Appeal (including GMC v Chandra, Sastry v GMC and GMC v Gilbert) and is instructed to appear for both Trusts and Doctors in a large number of doctors disciplinary cases. Niki advises in respect of proceedings before a range of regulatory proceedings but with particular emphasis on healthcare (GMC, GDC, NMC and HCPC) and solicitors (SDT). Nicola has a keen interest on the overlap between employment and regulatory proceedings involving healthcare and legal professionals.
Nicola has recently been appointed silk. The Kings Counsel ceremony is due to take place on Monday 23 March 2026.
Laura Smith
Laura Smith is a senior member of Clyde & Co’s healthcare regulatory team, acting for healthcare professionals who are facing investigations by their regulators, employers and/ or NHS England. She regularly acts for doctors, dentists and opticians as well as other healthcare professionals. She has built up an established optical practice and has represented national optical businesses in high profile General Optical Council Fitness to Practise Committee hearings. She recently acted in the high-profile appeal brought by the General Medical Council and Professional Standards Authority to the Court of Appeal in the case of GMC v Gilbert.
The webinar will be chaired by Michael Collis a Partner and Barrister at Capsticks LLP. Michael joined Capsticks in July 2021 after nearly seventeen years of practice at the independent Bar. Initially practising solely in crime and extradition, Michael completed a secondment with the Nursing and Midwifery Council in 2013 and thereafter has built an impressive reputation as a professional regulatory advocate. He now acts for range of regulator clients in health and social care and legal services. Michael spent two years working as a member of the Counsel Legal Team for the Undercover Policing Inquiry.