Legal actions against public bodies in England and Wales jumped sharply in 2025, reversing more than a decade of broadly falling numbers, according to a new report from law firm Burges Salmon and litigation intelligence platform Solomonic.
The Public Sector Litigation Report, which analyses more than 8,550 High Court claims involving nearly 1,300 public sector parties over an eleven-year period, found that total claims rose to 855 in 2025, up from 576 the previous year. The report describes the increase as a potential “inflection point,” though it notes it is too early to say whether this represents a lasting shift or a temporary spike similar to one seen in 2015 and 2016.
The rise is being driven primarily by more claims against public bodies rather than by the public sector itself bringing more actions. Central government, local authorities and arm’s length bodies are bearing the brunt of the increase, though the report notes the picture varies considerably depending on the type of organisation involved.
Beyond the headline numbers, the report highlights the significant time it takes for public sector disputes to work their way through the courts. Using median figures to avoid distortion from unusually long or short cases, the analysis shows that settlement times have been creeping upward in recent years, with many cases taking months or years to resolve. For judicial reviews, however, the median time from claim to hearing has fallen across all tracks.
The practical consequences for public bodies stretch well beyond legal costs. Longer-running disputes create sustained pressure on internal teams managing governance, disclosure, witness coordination and document retention — burdens that can accumulate significantly when caseloads are rising at the same time.
Tom Whittaker, Director at Burges Salmon, 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.’
Gemma Ludgate, Partner at Burges Salmon, added: ‘What this report demonstrates is the practical value of pairing legal experience with court data insight. Understanding how long cases typically take, how they tend to conclude, and how dynamics vary by organisation type supports better decisions, from early triage and resourcing through to settlement strategy and risk management.’
Edward Bird, CEO, Solomonic, concluded ‘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.’
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