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.