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Burford Capital: Cost, Not Merits, Now Drives Litigation Decisions

New York – September 29, 2026 -- Burford Capital has released its latest Burford Quarterly, revealing that cost has become the leading factor UK general counsel and law firms weigh when deciding whether to pursue disputes, ahead of legal merits alone.

Cost overtakes legal merit as top litigation driver, new research shows

The research, conducted with The Lawyer, surveyed UK GCs and law firms on 2026 litigation trends and found commercial considerations increasingly shape whether cases proceed. Legal finance is emerging as an established tool for managing both capital and risk in dispute decisions, according to the findings.

Law firms redirect capital toward technology and AI investment

Managing Director Evan Meyerson's article in the issue examines how the traditional law firm business model is shifting as client expectations change and firms pour capital into technology and artificial intelligence. The piece frames these investments as central to how legal services will be priced and delivered going forward, tying firm economics directly to technology strategy.

Monetization lets claim holders convert pending awards into immediate cash

A separate article details how companies use non-recourse capital to accelerate a portion of an expected recovery from a commercial claim, judgment or arbitral award — assets that can otherwise take years to convert to cash. Claim owners retain control and exposure to future upside while gaining immediate liquidity, the report notes.

Japan, South Korea and Taiwan gain ground in patent monetization

The Quarterly identifies Japan, South Korea and Taiwan as expanding markets for intellectual property monetization, driven by growing use of licensing, divestiture and cross-border enforcement strategies. Companies in the region are increasingly treating patents as strategic financial assets capable of generating enterprise value rather than purely defensive rights.

David Perla, Vice Chair at Burford Capital, said capital is playing an increasingly important role in decisions made by both companies and law firms, as businesses scrutinize dispute economics and firms invest heavily in technology and AI.

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