Litigation involving public sector bodies saw 48% increase in 2025: research

That finding has come from research by law firm Burges Salmon and court data monitor Solomonic, which analysed more than 8,550 claims involving nearly 1,300 public sector parties.

They warned of “sustained caseload pressure” for in-house teams.

Their Public Sector Litigation Report found total claims for 2025 stood at 855, up from 576 in 2024 - a 48% increase - bucking a long downward trend, though it said it was not yet apparent whether this was a spike or the start of a long term trend.

Most though not all types of public sector bodes saw increases in civil claims and civil judicial reviews and the median time to settlement and judgment lengthened.

This meant rising caseloads that could translate into sustained resource and cost pressures with increased internal burdens in governance, disclosure, witness management and document retention.

The report noted these factors may affect how parties approach early case assessment, alternative dispute resolution and settlement strategies. 

Central government, local authorities and arm’s‑length bodies were the most likely categories to see more cases, while other parts of the public sector had little change. 

Burges Salmon director Tom Whittaker said: “The 2025 data is a real inflection point. After years of broadly falling volumes, we’re now seeing a pronounced rise in claims and the weight of that increase is landing disproportionately on public sector defendants.

“For in-house teams and their advisers, the message is clear: be prepared for sustained caseload pressure, and plan for disputes that can run for the long term.”

Solomonic chief executive Edward Bird said: “Court data reveals patterns that traditional reporting can’t, particularly at the level of detail public sector leaders need.

“This updated analysis gives a clearer view of where litigation risk and workload are building, and turns litigation risk into management intelligence.”

Mark Smulian