Crisis? What crisis…? Litigation trends on the radar
Our Managing Partner Tim Maltin was invited to speak on reputation during litigation at a webinar hosted by Solomonic.
Tim was joined by Alexander Oddy of Herbert Smith Freehills, Kenny Henderson of CMS, Kimberley Farrell of Capita, and Susan Dunn of Harbour Litigation Funding. The panel was chaired by Edward Bird of Solomonic.
The panel explored the evolving litigation landscape, revealing an increasingly complex environment shaped by post-pandemic pressures, economic volatility, funding challenges, and growing reputational risks.
The shape of the litigation landscape
A major theme was the apparent slowdown in class and group actions, following several years of rapid expansion. Kenny Henderson of CMS highlighted the extraordinary scale of claims filed in the Competition Appeal Tribunal (CAT), involving hundreds of millions of consumers. While the growth rate has stabilised, the panel agreed it is too early to declare a peak as litigation funding models, regulation, and adverse cost risks continue to evolve.
Alexander Oddy of Herbert Smith Freehills offered insight into the insurance sector, noting that although business interruption claims related to COVID-19 have peaked, litigation is ongoing with limitation deadlines now approaching. He also pointed to aviation-related claims arising from geopolitical shocks, such as the Russia-Ukraine conflict, which continue to work their way through the courts.
Kimberley Farrell of Capita described the cyclical “waves” of high-value litigation across sectors, from procurement and pensions to cyber breaches. She emphasised the importance of early collaboration between legal and commercial teams to manage risks proactively.
Funding, regulation and risk
Litigation funding was a central focus of the discussion, particularly the impact of the PACCAR decision on group litigation in the UK. Susan Dunn of Harbour Litigation Funding stressed the need for an evidence-based approach to funding regulation, warning against unintended consequences that could replicate the Australian experience, where overregulation drove funders out of the market.
There was broad agreement that litigation funding remains a vital pillar of access to justice. However, the panel underscored the need for greater transparency, robust capital adequacy, and clarity on how returns are shared. The Civil Justice Council’s ongoing review will be critical in shaping the future landscape.
Reputation as a strategic asset in litigation
Tim Maltin of Maltin PR explored the increasingly critical role of reputation management in litigation. He observed that reputation can tip the balance in cases where legal outcomes are on a knife-edge, and that some clients now allocate up to 10% of their litigation budgets to strategic communications.
Tim illustrated this with examples, including Maltin PR’s pro bono support for Lucy Letby’s case and the successful campaign to secure a Supreme Court hearing for Libor trader Tom Hayes. These cases show how early, strategic reputation management can move the dial both inside and outside the courtroom.
He explained that litigation PR is becoming increasingly sophisticated, with funders and legal teams involving communications specialists earlier to shape the media narrative and influence litigation strategy.
Future fault lines
The panel also discussed the rise of alternative dispute resolution (ADR) as clients seek quicker, more cost-effective outcomes amid court backlogs. Early-stage resolution strategies – and the growing use of “settlement PR” to bring opponents to the negotiating table – are now key parts of litigation planning.
Questions from the audience examined the future of group litigation under the Consumer Protection Act. While US litigation trends offer some parallels, the panel agreed that differences in evidentiary standards and legal culture mean UK group actions will likely follow their own path.
As Tim noted in closing, litigation today is no longer fought solely in court. The reputational, financial, and strategic dimensions are tightly interwoven, and those who succeed will be the ones who understand how to win on all fronts.
Watch the webinar in full here.