Disputes Outlook 2025

Disputes Outlook 2025

Trends, insights and actions for 2025 and beyond

Disputes are an inevitable part of doing business. In an era of continuous change, social, economic, environmental, technological, and political developments are driving new disputes risks. Spotting future risks can help you prepare for a more effective resolution.

Our 2025 Disputes Outlook brings you a high-level summary of the live issues and emerging trends in disputes across your operations, giving you a clear picture of how your organisation could be affected, and the practical actions you can take to mitigate against these risks.

Download the summaries below for the areas most relevant to you. Our leading team of litigation and regulatory lawyers and legal project managers can help you anticipate problems, identify evolving issues before they become serious challenges, and take action to minimise disruption to your business.

Once you are aware, you can prepare. Please get in touch to discuss any of the issues raised in the 2025 Disputes Outlook.

Key themes for 2025

AI and tech
  • Increase in AI-related disputes as AI is embedded in organisations.
  • Clarification expected on copyright infringement by generative AI software.
  • AI will play an increasing role in tech-enabled legal project management.
  • Increase in IT disputes due to continued investment in upgrading existing systems.
ESG
  • Increasing ESG regulations and reporting requirements necessitate new processes to minimise risk.
  • Rising challenges from regulators (ASA, CMA, FCA) and campaign groups on alleged greenwashing.
  • ESG considerations must be integrated into operations, decision-making, and dispute resolution to align with green objectives.

Regulatory and legislative changes
  • The new Employment Rights Bill will significantly affect future employment disputes.
  • An expected increase in compliance checks by HMRC will lead to more tax disputes.
  • The Product Regulation and Metrology Bill will modernise the UK's product and metrology regulatory regimes.
  • Significant reform is anticipated of the financial services regulatory redress framework.
  • Developments expected in the regulatory and legislative approaches to cryptoassets.
Economic climate
  • Economic uncertainty will inevitably lead to an increase in disputes and organisations should be vigilant.
  • Financial pressure on construction contractors will cause more corporate insolvencies.
  • Debt claims and warranty disputes will increase.
  • Financial crime, particularly APP fraud, will remain a significant drain on the economy.
  • More insolvencies involving financial intermediaries expected.
Use of technology in disputes management
  • Legal project management will be increasingly used in complex disputes to ensure claims are delivered on time, on budget and within agreed parameters.
Class actions
  • Significant growth expected to continue in 2025 and beyond, particularly in data protection/privacy, competition, and various aspects of the financial services arena, such as motor finance commissions and PPI.

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Commercial disputes

Commercial disputes

Live issues  

  • Data Breaches
  • Post-termination restrictions
  • IT contract disputes  
  • Class actions  
  • Increased copyright litigation

Emerging trends  

  • AI disputes  
  • Copyright issues with generative AI
  • Economic uncertainty and related claims
  • Compulsory mediation
  • ESG litigation

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Regulation

Regulation

Live issues  

  • Increase in high level financial sentences  
  • Continued focus on environmental claims for consumer goods
  • Product Regulation and Metrology Bill  

Emerging trends  

  • CSRD reporting and UK sustainability reporting
  • Modern Slavery reporting changes

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Employment

Employment

Live issues  

  • Employment Tribunal claims  
  • MyHMCTS portal  

Emerging trends  

  • Sexual harassment claims  
  • New Employment Rights Bill    
  • Employment Tribunal fees

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Insolvency

Insolvency

Live issues  

  • Assignments of insolvency claims instead of funding agreements  
  • Covid loan enforcement action
  • Increasing corporate insolvencies  
  • Financial pressure on contractors

Emerging trends  

  • Formal insolvencies involving financial intermediaries
  • Expanded claims against directors of insolvent companies
  • Digital and crypto assets in IP asset recovery proceedings
  • Increasing pressures in the construction industry

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Financial services

Financial services

Live issues  

  • APP fraud      
  • Cryptocurrency    
  • Settlement/release    
  • New type of security in Scotland  

Emerging trends  

  • Group litigation
  • Financial Crime  
  • Commission disclosures  
  • Financial greenwashing    
  • FCA and FOS powers
  • Data disputes    
  • Arrestment process and mental health moratorium in Scotland

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Tax disputes

Tax disputes

Live issues  

  • Pre-Budget activity  

Emerging trends  

  • Changes to Capital Gains Tax  
  • BEPs  
  • Resident basis tax changes  
  • Increasing resources at HMRC

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Legal Project Management

Legal Project Management for disputes

  • Early case assessment
  • Tech-enabled LPM  
  • LPM as an internal partner

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Greener litigation

Greener litigation

  • Tackling the environmental impact of dispute resolution
  • The Greener Litigation Pledge

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Date published
09 January 2025

Managing Partner

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