High Court upholds findings against surgeon over Australian misconduct ruling

The High Court has dismissed an appeal brought by a UK transplant surgeon against findings of impaired fitness to practise arising from disciplinary proceedings in Australia, while also ruling that the Medical Practitioners Tribunal (“MPT”) failed adequately to address the seriousness of the misconduct when deciding sanction.

In General Medical Council & Anor v Grajn [2026] EWHC 1157 (Admin), Mrs Justice Tipples upheld findings that the Respondent Doctor failed to disclose an Australian professional misconduct ruling to both the GMC and his NHS employer.

The Australian tribunal had previously found that the Respondent Doctor engaged in an inappropriate sexual relationship with a patient and disqualified him from reapplying for registration for two years.

The MPT imposed a 12-month suspension after finding impairment, citing concerns over insight, integrity and public confidence in the profession.

The Respondent Doctor challenged the ruling on jurisdictional, procedural and proportionality grounds, arguing that he was no longer registered in Australia when the disciplinary decision was made and therefore had no duty to disclose it. The High Court rejected all grounds of appeal.

However, the Court allowed appeals brought by the GMC and the Professional Standards Authority, finding that the MPT focused too narrowly on the failure to disclose the Australian ruling and did not sufficiently engage with the seriousness of the underlying misconduct.

The judgment also records ongoing GMC investigations into allegations that the Respondent Doctor may have provided inaccurate answers to NHS employers about overseas fitness-to-practise proceedings during recruitment processes.

The decision reinforces that overseas disciplinary findings may form the basis of UK fitness to practise proceedings even where the practitioner is no longer registered in the foreign jurisdiction.

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