Commercial litigation isn’t slowing down, it’s becoming more selective, complex, and strategic
If you’re working on commercial disputes, you’ve likely already seen the shift. Cases are taking longer, costs are under greater scrutiny and decisions about whether to pursue a claim are becoming more commercial than ever.
Key Takeaways
- Commercial claims fell to 3,380 in 2024 (down 10%), but underlying dispute activity remains strong
- Cases are becoming more complex, international and resource-intensive
- Rising costs are driving more selective case strategies
- Litigation funding is now used by every type of claimant
- Mid-sized claims are emerging as a key opportunity in the market
Drawing on data from the Solomonic Year in Review 2025, the latest litigation figures suggest a slowdown in UK commercial disputes. In 2024, 3,380 commercial claims were filed a 10% decline year-on-year and the lowest volume since 2018.
But focusing on volume alone misses the bigger picture. The reality is more nuanced and more important for legal professionals:
- Disputes are becoming more complex and higher value
- Legal costs are driving more selective case strategy
- And litigation funding is playing a growing role in enabling claims to proceed
This is not a shrinking market. It is a changing one.
Litigation volumes have dipped but demand for resolution remains
While new claim volumes have reduced, the pipeline of disputes remains active.
For example, 168 pandemic-related business interruption cases were still progressing through the courts in 2025, despite new filings slowing.
This reflects a broader trend: fewer claims are being issued but those that are proceeding are more deliberate, more developed and often more resource-intensive.
For law firms and insolvency practitioners, this means:
- Longer case lifecycles
- Greater scrutiny at the outset
- Increased pressure to ensure claims are commercially viable
Commercial Disputes are Becoming More Complex and International
The data highlights a clear structural shift in the nature of disputes.
There has been growth in:
- Cross-border competition claims
- Collective actions
- Insolvency-related litigation
Alongside this, cases are increasing in:
- Scale
- Complexity
- International scope
This evolution matters. More complex disputes require:
- Greater upfront investment
- Deeper strategic planning
- Stronger financial backing
Which, in turn, changes how cases are assessed and pursued.
Rising Legal Costs are Reshaping Litigation Strategy
One of the most important drivers behind these trends is cost.
With rising Big Law billing rates, corporates and advisors are taking a more disciplined and strategic approach to disputes.
This is leading to:
- More selective case portfolios
- Greater focus on return vs risk
- Increased scrutiny on funding and cost exposure
In practical terms:
It’s not that claims aren’t there, it’s that fewer are pursued without a clear financial strategy behind them.
Litigation Funding is Becoming a Core Part of the Market
Against this backdrop, litigation funding is no longer a niche solution.
The data shows:
- A continued increase in the number of cases seeking funding
- New entrants into the funding market, signalling renewed investment
- And funding now being used by “every type of claimant”
This reflects a fundamental shift in how disputes are financed.
Litigation funding is increasingly used to:
- Manage financial risk
- Unlock claims that would otherwise remain dormant
- Support more strategic case selection
Why Mid-Sized Commercial Claims are Becoming More Important
This changing landscape is particularly significant for mid-sized disputes.
As costs rise, complexity increases and firms become more selective, there is a growing gap in the market.
High-value institutional claims continue to attract attention. Smaller claims are often written off. But in between sits a large and under-served segment: Mid-sized commercial claims that are strong on merit, but require funding to proceed.
This is where litigation funding delivers the most practical value.
What This Means for Law Firms and Insolvency Practitioners
For legal professionals, the implications are clear:
- Case selection is becoming more commercial
- Funding is becoming part of early-stage strategy, not a last resort
- Clients expect solutions that reduce risk and preserve cash flow
Firms that adapt to this shift will be better positioned to:
- Progress more viable claims
- Improve recovery outcomes
- Strengthen client relationships
The Role of Funding in a Changing Disputes Landscape
At Apex Litigation Finance, we see this shift every day.
We work with:
- Law firms
- Insolvency practitioners
- Corporate recovery specialists
To fund mid-sized commercial claims requiring up to £750K of investment.
Our focus is simple:
- Fast, commercially grounded decisions
- Non-recourse funding structures
- Practical support throughout the litigation process
Because in today’s market, funding is not just about capital. It’s about enabling the right claims to move forward and do so with confidence.
Speak to Apex about your next case
If you’re assessing a commercial claim and want to explore funding options, we’re here to help.
Get in touch to discuss your case or explore how funding could support your strategy.