GMC Appeals Legal Advice & Representation

If you are considering an appeal against a decision by the General Medical Council, our specialist team can help. GMC Appeals must be lodged within 28 days and require a clear legal strategy from the outset. You will need advice from a solicitor with experience in professional discipline and regulatory law.

At Clifford Johnston & Co, we advise doctors across England and Wales on appeals against GMC decisions. We assess the legal basis for challenging the outcome and represent clients throughout the appeal process where appropriate.

Our team is led by Jared McNally, Head of the Professional Disciplinary Department. Jared is a solicitor with extensive experience defending professionals involved in disciplinary proceedings and serious allegations. He is known for his strategic approach and commitment to protecting his clients’ careers and reputations.

With over 35 years’ experience in regulatory law, Clifford Johnston & Co is well placed to support you through this demanding stage of the process. We provide clear, effective legal advice to doctors at every stage of their career.

Contact our GMC Appeal Solicitors today to speak with a specialist and take the first step towards protecting your future.

How can our GMC Appeal Solicitors Help?

If you are appealing a decision by the General Medical Council, acting quickly is essential. The appeal process is technical and subject to strict deadlines. Once a decision is issued, the way it is reviewed, challenged and presented in the High Cour may determine your ability to continue practising.

We are experienced in advising doctors throughout every stage of a GMC Appeal. This includes:

• Conducting a forensic review of the MPTS decision to identify legal errors such as procedural unfairness or disproportionate sanction.
• Ensuring the appeal is lodged within the strict 28-day statutory deadline.
• Drafting the Notice of Appeal and Grounds of Appeal with precise legal argument.
• Managing the High Court litigation process, including instructing Counsel and preparing the Appeal Bundle.
• Advising on fresh expert evidence where appropriate to support the appeal.
• Preparing and arguing urgent applications for interim relief where necessary to prevent suspension while the appeal is ongoing.

Our professional disciplinary solicitors understand the detail and pressure of GMC proceedings. We are often instructed following an adverse outcome, including by doctors who were represented by other firms at the hearing stage.

You will receive clear and realistic advice from the outset. If there is no realistic prospect of success, we will tell you. If there is a strong legal argument, we will take immediate steps to act and protect your position.

Our firm is trusted by medical professionals nationwide. We are known for clear advice, strong representation, and a focused approach to defending careers.

Appealing a GMC Decision

A GMC Appeal is a legal challenge brought in the High Court against a decision made by the Medical Practitioners Tribunal. It is not a fresh hearing and does not involve re-arguing the facts. The appeal must show that the decision was legally flawed, procedurally unfair or unreasonable based on the evidence.

We assess each decision carefully to identify whether any of the following apply:

• The tribunal applied the law incorrectly or misunderstood its own powers.
• Key evidence was disregarded or given undue weight.
• The sanction imposed was clearly excessive in the circumstances.
• The process was procedurally unfair or biased.

There are risks to consider. If the appeal is unsuccessful, the court can order you to pay the GMC’s legal costs. That is why we will never encourage an appeal unless we believe there is a realistic prospect of success. You will receive clear, honest advice about your case so you can make an informed decision from the outset.

GMC and PSA Appeals Against You

Appeals are not always brought by the doctor. In some cases, the General Medical Council or the Professional Standards Authority (PSA) may challenge a decision made in your favour.

The GMC has the right to appeal tribunal outcomes it considers unduly lenient or flawed in law. This typically arises where the tribunal finds that a doctor’s fitness to practise is not impaired, or imposes a sanction the GMC believes fails to reflect the seriousness of the case. Similarly, the PSA has statutory oversight of all healthcare regulators and can refer a decision to the High Court if it believes the outcome does not adequately protect the public or maintain public confidence in the profession.

These appeals are serious. If you have received a positive or partial outcome following a GMC hearing, and are later notified of an intention to appeal, it is essential to act quickly. You will need legal advice to determine the strength of the challenge and to defend the decision before the High Court.

We are experienced in defending against appeals brought by the GMC or PSA. Our role includes:

• Advising you on the scope and risks of the appeal.
• Responding to the Notice of Appeal with robust legal argument.
• Preparing written submissions and instructing experienced Counsel to present your case.
• Protecting your position if the GMC seeks interim restrictions pending the outcome of their appeal.
• Taking urgent steps to preserve your registration where necessary.

Being notified of an appeal after a hearing can feel like a second blow. We understand the pressure and uncertainty this brings. Our priority is to respond quickly and protect the original outcome wherever possible.

If you are facing an appeal brought by the GMC or PSA, contact us immediately to speak with a GMC Appeal Solicitor who specialises in professional disciplinary defence.

What are the Grounds for a GMC Appeal?

To succeed with a GMC Appeal, there must be a recognised legal error. The High Court will not re-hear your case or reconsider the facts unless the decision itself is legally flawed.

We consider the following grounds when reviewing a tribunal’s decision:

• The tribunal misapplied the law.
• The hearing process was procedurally unfair.
• The findings were not supported by the evidence.
• The sanction was excessive or disproportionate.
• The tribunal breached its own procedural rules.

The most common ground for appeal is that the decision was legally unreasonable or disproportionate. This arises when the sanction imposed does not reflect the facts of the case or where the tribunal placed too much weight on one part of the evidence while ignoring another. These appeals do not argue that the tribunal reached the wrong conclusion, but that the decision was legally flawed and cannot be upheld.

If we identify a valid legal error, our GMC Appeal Solicitors will act swiftly to prepare your case with precision, ensuring that every legal step is properly followed from the outset.

Appealing Without Previous Representaion

We are often instructed by doctors who were represented by other firms during their GMC hearing. If the outcome was disappointing or the advice you received did not properly explore your appeal rights, we can provide a second opinion.

Appeals are highly technical and require a different approach to fitness to practise hearings. What matters is whether the decision was legally sound, not how it felt or whether the tribunal believed the wrong witness. Our GMC Appeal Solicitors focus on identifying clear legal errors and preparing precise submissions for the High Court.

You do not need to have been represented by Clifford Johnston & Co at the hearing stage to instruct us. We regularly take over cases post-decision and provide an objective assessment of whether there are valid grounds for appeal.

If you are unsure whether your case can be challenged, we will review the decision and provide honest, practical advice about your options.

Frequently Asked Questions for GMC Appeals