Reaction to new commercial litigation trends report

October 1, 2025

Litigation analytics platform Solomonic has released its 2025 Half Year Review, analysing key trends in commercial litigation.

The wide-ranging findings are based on data obtained from court documents (claims, hearings, judgments) which are analysed through a combination of machine learning and qualified solicitor and barrister assessment.

Commenting on the report, Stephen Connolly, Head of Exchange Chambers’ Business and Property department said:

“The Solomonic half year review makes for interesting reading and largely reflects the trends that the Business and Property team at Exchange Chambers have seen themselves over the past 6 to 12 months. In particular, I would draw attention to three points arising from the review.

“Firstly, the increase in new claims generally (4%) and property specifically (18%) is a reflection of litigation increasingly becoming a matter of necessity rather than a matter of luxury or choice. In a rising market, litigants often have choices as to whether or not to pursue a claim. In a weak or falling market no such choice exists and claims have, by necessity, to be brought. Solomonic talk of the stark picture of an economy where businesses face cash flow issues, where the outlook remains weak under the weight of persistent inflationary pressures, tariff increases and lingering global uncertainties and that suggests, strongly, that those rises are not a product arising from the luxury of choice.

“Secondly, the 15% increase in ongoing claims (that is claims of 2 to 3 years of age that remain unresolved) is superficially a concern. However, as the review recognises, the London Circuit Commercial Court has recently seen a larger number of claims starting to be steered its way from the Commercial Court. That trend has, in turn, started to be extended to the Circuit Commercial Courts (for us, particularly those in Manchester, Liverpool and Leeds) and that re-direction will, we think, see that increase in cases being resolved in the regions and a reduction and ultimately a reversal of this upward trend for ongoing claims.

“Thirdly, we continue to be instructed on an increasing number of valuable and complex fraud claims. Often, and as Solomonic recognise, these claims can be slow burners with time needed to be taken to investigate and analyse before the litigation button is pressed. Our experience is that there has been no decline in the numbers of cases that are reaching us and indeed, quite the contrary, we have seen a sustained increase in recent claims activity.”

In terms of insolvency trends, the Solomonic Half-Year Review reveals that winding-up petitions and activity in the Insolvency and Companies List more generally were the highest tracked since 2020. If winding-up petitions are issued at the same rate in the second half, there will be over 8,000 issued, more than 10% up on 2024 – which was itself higher than previous years.

Sharing his thoughts, Ian Tucker, Head of Exchange Chambers’ Insolvency team said:

“The latest Solomonic Half Year Review reflects the activity that has been seen by the insolvency team at Exchange Chambers.  The fragility of the economy and the, at best, modest prospects for growth inevitably means that levels of insolvency have and will do nothing but increase. That increase is similarly reflective of both activity in the insolvency courts, and out of court insolvency processes.

“The figures appear not to include shareholder petitions. Recent experience tells me that they too are on the rise with my own experience and that of valued colleagues being that we are seeing a steady stream of such contested shareholder disputes.

“At Exchange we have, we believe, the pre-eminent insolvency team outside London and we continue to provide expert advice and representation to all stakeholders in and at all stages of insolvency processes.”