A rise in disputes being pushed to trial by American law firms could place further strain on Britain’s already stretched courts and leave some clients facing longer and more expensive disputes, warns Qarrar Somji, Director of Witan Solicitors, a Legal 500 recognised commercial litigation firm based in Birmingham.
Somji said new research showing that US law firms are taking a growing share of high-value litigation in London should prompt wider conversations about cost and commercial judgment.
The research, reported by The Times, found that US firms were involved in nearly 20% of Commercial Court work, despite acting in only about 4% of disputes in the jurisdiction between 2020 and 2025. It also found that cases involving US firms reached trial in 21% of cases, compared with 9% of cases involving English firms.
Somji said the figures raised an important question for clients: “A more aggressive approach may suit some very high-value disputes, but it is not always the best route for clients. In many cases, early settlement, mediation or a narrower claim may deliver a better commercial outcome than a trial months or even years later.
“US firms may be the right choice for very large, complex disputes where a full trial is likely, and the sums justify it. But for many businesses, the dispute is not commercially worth fighting in the first place. A good lawyer should be able to assess the risk early, control costs, preserve settlement options and avoid turning a manageable dispute into a long court battle unless that is really necessary.”
The warning comes at a time when court delays remain a concern. Commercial Court data also shows a busy legal year in 2024 to 2025, with trials listed up by 17% and trials heard up by 20%. The court also reported longer trials and high levels of paper and urgent applications. It has also taken steps to make sure cases go to the right forum, so the Commercial Court can focus on the most complex and high-value claims.
“When it comes down to it, we have a duty to ensure clients get the right outcome with the least unnecessary cost, delay and risk. The court is there for disputes that truly need it. But a courtroom is not the only way to get a good result. In many cases, early talks, mediation or a narrower claim can protect the client better. It can also protect court time for the cases that really need a judge,” Somji concluded.
