New Research from Burford Capital and The Lawyer: Two-Thirds of Lawyers Say Strong Claims Go Unpursued Because of Cost

Many commercially viable legal claims are never pursued because of cost and risk concerns, according to The London Disputes Report 2026 , published by Burford Capital in association with The Lawyer . The findings indicate that economic considerations increasingly determine not only whether disputes are pursued, but also how they are managed and resolved.

Based on a survey of senior UK lawyers and in-depth interviews with general counsel, heads of legal departments and law firm partners, the research reveals a significant shift in how businesses approach commercial litigation and arbitration. While legal merits remain critical, decisions are increasingly shaped by commercial realities including legal costs, duration, recoverability and anticipated return on investment, with disputes increasingly evaluated as business assets rather than purely legal matters.

The research also highlights growing board involvement in dispute strategy and increasing demand for tools that improve predictability, manage risk and support more informed decision-making.

Key findings: 73% agree boards are becoming more sophisticated in viewing disputes as financial assets 67% agree that many strong claims are never pursued because of cost or risk concerns 85% agree that risk-transfer tools such as legal finance improve litigation decision-making 84% believe businesses expect greater cost certainty than law firms can provide 60% agree settlement decisions are often driven by management fatigue rather than case strength 73% of in-house and private practice lawyers report some direct experience with legal finance " The London Disputes Report 2026 highlights a significant shift in how businesses approach disputes," said Philipp Leibfried, Managing Director at Burford Capital . "Boards, executives and legal teams are increasingly...