Dispute resolution trends & insights

Welcome to our 2026 Dispute resolution trends & insights report which covers a rich and varied range of litigation-related issues as listed to the right.

As prevalent as AI was in 2025, the safest prediction of all is the all-pervasive influence of AI. Its impact on how litigation is conducted is in its infancy, but its misuse is powering fraud and disinformation disputes amongst others. In our commercial disputes practice, we see AI playing an increasingly strategic role, from enhanced data analysis supporting the early identification of potential legal issues to the continued improvement of technology in drawing relevant information from vast document sets. The use of AI to train large language models, while tested in a limited capacity before the courts in 2025 in Getty v Stability AI, will remain a major challenge for rights-holders in this country as long as the UK Government feels the need to placate Washington by not challenging the interests of US tech giants.

2026 will also see the practical implementation of major legislative change in the shape of the Employment Rights Act and Renters' Right Act, two highly impactful pieces of legislation which will bring about substantial changes to areas of law which have largely laid unchanged since the Thatcher governments of the 1980s. New legislation brings test cases which then greatly influences how the legislation is interpreted. Meanwhile, we can expect to see consultation and debate around cohabiting couples and their finances, with the introduction of legal changes not expected until 2027.

In a world of increased polarisation, possibly counter-intuitively, an increase in multi-jurisdictional disputes is firmly on the radar, which will feed complex arbitration and litigation to all parts of the practice, whether that is in art, contentious trusts or shareholder disputes. London will remain a trusted dispute resolution centre, given the dominance of the English language and the quality of our judiciary and legal community. However, there can be no complacency as 2026 throws up its challenges for clients and legal advisers alike and the need to work flexibly and collaboratively, whether here in England or elsewhere.

From the New Year, under the Access to Public Domain Documents Pilot, there will be easier access to court documents in certain courts. The increased scrutiny that will ensue highlights a more general trend that when disputes arise, they are unlikely to be just a legal challenge. They will be a strategic event that impacts not only financial performance but also reputation and future growth. Our experienced Dispute Resolution team, which combines technical excellence across multiple disciplines with strategic insight, is especially well positioned to guide clients through issues such as these.