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

Rhea-AI Summary

Burford Capital (LON:BUR) and The Lawyer released The London Disputes Report 2026, based on a survey of senior UK lawyers. The research finds cost, risk and recoverability heavily influence whether and how commercial disputes proceed, with disputes increasingly treated as financial assets alongside traditional legal merits.

Key findings include: 67% say many strong claims go unpursued due to cost or risk, 73% see boards becoming more sophisticated in viewing disputes as financial assets, 85% say risk-transfer tools like legal finance improve decision-making, and 84% believe businesses expect greater cost certainty than law firms can provide.

News Market Reaction – BUR

-1.15%

-1.15% Session close to close

In the Jul 7 session, BUR declined 1.15%, reflecting a mild negative market reaction.

Data tracked by StockTitan Argus on the day of publication.

Market Context

The new London Disputes research highlights that 85% of surveyed lawyers view risk-transfer tools li...

Analysis

The new London Disputes research highlights that 85% of surveyed lawyers view risk-transfer tools like legal finance as improving decisions, while many strong claims still go unpursued, underscoring structural demand dynamics investors can compare with Burford’s prior earnings and capital updates.

Key Figures

Boards view disputes as assets: 73% Strong claims unpursued: 67% Risk-transfer tools benefit: 85% +3 more

6 metrics

Boards view disputes as assets 73% Survey respondents agreeing boards are more sophisticated on disputes as financial assets

Strong claims unpursued 67% Respondents saying many strong claims are not pursued due to cost or risk

Risk-transfer tools benefit 85% Respondents agreeing risk-transfer tools like legal finance improve decision-making

Cost certainty expectations 84% Respondents saying businesses expect more cost certainty than law firms can provide

Settlements driven by fatigue 60% Respondents agreeing settlements are often driven by management fatigue

Experience with legal finance 73% In-house and private practice lawyers reporting direct experience with legal finance

Historical Context

5 past events · Latest: May 29 (Neutral)

Pattern 5 events

Date	Event	Sentiment	24h Move	Catalyst
May 29	Dividend currency update	Neutral	+2.9%	Announced sterling conversion rate and key dates for 2025 final dividend.
May 21	Shareholder webcast notice	Neutral	+0.6%	Scheduled retail shareholder audio webcast to discuss results and disclosures.
May 08	Leadership appointment	Neutral	-0.4%	Named new Chief Operating Officer and promoted Head of Asset Recovery.
May 08	1Q26 earnings results	Neutral	-0.4%	Reported 1Q26 results, cash position and proceeds, plus non-cash YPF charge.
May 05	Earnings date announcement	Neutral	-0.9%	Set release and call times for 1Q26 results and investor presentation.

24h Move is the share-price change in the day after each event; other market factors may also have contributed.

Pattern Detected

Recent Burford headlines have led to relatively modest single-day moves around operational, earnings, and dividend updates.

Key Terms

litigation, arbitration, legal finance, risk-transfer tools

4 terms

litigation technical

"businesses approach commercial litigation and arbitration"

Litigation is the formal process of resolving disputes through the court system, where one party sues another and a judge or jury decides the outcome. For investors it matters because lawsuits can lead to large fines, settlement costs, injunctions or changes in business operations that reduce profits or create uncertainty—like a costly, public argument that can divert management time, drain cash and change the company’s future prospects.

arbitration technical

"businesses approach commercial litigation and arbitration"

A private process for resolving legal disputes where one or more neutral decision‑makers (arbitrators) act like a referee or private judge and issue a final ruling outside the public court system. It matters to investors because arbitration clauses in contracts can change how quickly and quietly disputes are resolved, affect legal costs and the likelihood of appeal, and influence the financial and reputational risks a company may face.

legal finance financial

"risk-transfer tools such as legal finance improve litigation decision-making"

Legal finance is the practice of obtaining money to cover legal costs or to share the financial risk of lawsuits, either by third-party funders paying legal fees in exchange for a portion of any recovery, lenders providing loans for legal expenses, or insurers backing legal risk. For investors it matters because these arrangements change who carries legal risk, alter when and how litigation costs or settlements hit a company’s cash flow and balance sheet, and can affect reported liabilities and potential future gains.

risk-transfer tools financial

"risk-transfer tools such as legal finance improve litigation decision-making"

Risk-transfer tools are financial contracts or arrangements that move potential losses or uncertainties from one party to another, such as insurance policies, reinsurance, derivatives, or catastrophe bonds. They matter to investors because they change how much risk a company or portfolio actually carries, affecting earnings stability, capital needs, and the likelihood of large losses—similar to how buying insurance shifts the cost of a bad event to someone else.

AI-generated analysis. How Rhea-AI works. Not financial advice.

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Survey of senior UK lawyers reveals cost uncertainty, enforcement risk and board scrutiny are redefining the disputes landscape

LONDON, July 7, 2026 /PRNewswire/ -- Many commercially viable legal claims are never pursued because of cost and risk concerns, according to The London Disputes Report 2026, published today 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 evaluating litigation and arbitration as business assets and liabilities that require the same financial discipline applied to any other corporate investment. Cost, risk, cash flow and recoverability now sit alongside legal merits at the heart of dispute decision-making."

Leibfried added: "The research shows that disputes are increasingly being evaluated through the same lens companies apply to other business investments. Organizations want a clearer understanding of likely outcomes, costs, risks and recoverability before committing capital and management attention to a dispute."

The London Disputes Report 2026 is available to download here.

About Burford Capital
Burford Capital is the leading global finance and asset management firm focused on law. Its businesses include litigation finance and risk management, asset recovery and a wide range of legal finance and advisory activities. Burford is publicly traded on the New York Stock Exchange (NYSE: BUR) and the London Stock Exchange (LSE: BUR) and works with companies and law firms around the world from its global network of offices.

For more information, please visit www.burfordcapital.com. 

This communication shall not constitute an offer to sell, or a solicitation of an offer to buy, any ordinary shares or other securities of Burford Capital or any of its affiliates.

View original content:https://www.prnewswire.com/news-releases/new-research-from-burford-capital-and-the-lawyer-two-thirds-of-lawyers-say-strong-claims-go-unpursued-because-of-cost-302819248.html

SOURCE Burford Capital

FAQ

What is The London Disputes Report 2026 released by Burford Capital (BUR)?

The London Disputes Report 2026 is a research study on commercial disputes in the UK. According to Burford Capital, it draws on surveys and interviews with senior lawyers to examine how cost, risk and recoverability shape litigation and arbitration strategy.

What did Burford Capital (BUR) find about strong claims going unpursued in 2026 research?

The research finds many commercially strong claims are not pursued due to cost and risk concerns. According to Burford Capital, 67% of respondents agreed that many strong claims remain unpursued, highlighting how economic considerations can block potentially viable litigation and arbitration.

How are boards viewing disputes as financial assets in Burford Capital’s 2026 survey (BUR)?

Boards are increasingly treating disputes as financial assets and liabilities alongside other investments. According to Burford Capital, 73% of surveyed lawyers agreed boards are becoming more sophisticated in viewing litigation and arbitration through a financial lens, emphasizing cost, risk, cash flow and recoverability.

What does the Burford Capital (BUR) 2026 survey say about legal finance and decision-making?

Legal finance is viewed as a useful risk-transfer and decision-support tool. According to Burford Capital, 85% of respondents agreed tools like legal finance improve litigation decision-making, and 73% of in-house and private practice lawyers reported some direct experience with legal finance.

What did Burford Capital’s 2026 research (BUR) reveal about cost certainty expectations?

Businesses are seen as demanding more cost certainty than law firms can typically offer. According to Burford Capital, 84% of surveyed lawyers believe clients now expect greater predictability on litigation costs, reinforcing the push toward financial tools that manage risk and improve forecasting.

How does management fatigue affect dispute settlements in Burford Capital’s 2026 BUR study?

Management fatigue often influences settlement timing and outcomes. According to Burford Capital, 60% of respondents agreed that settlement decisions are frequently driven by management fatigue rather than case strength, suggesting non-legal pressures can significantly shape dispute resolution strategies in practice.