Litigation in 2026 – shareholder battles, global arbitrations, and the rise of AI disputes

Unfair prejudice petitions – our specialist strength

Shareholder disputes are increasing as economic pressures strain business relationships. Unfair prejudice petitions under the Companies Act remain a vital tool for minority shareholders and an area where Greenwoods is already a recognised leader.

“We’ve seen a real uptick in shareholder disputes, and unfair prejudice petitions are often the most effective way to protect minority interests,” says Jamie McConnell, Partner in Disputes.  “Our recent successes in this area reinforce our position as the go-to team for these complex cases.”

International arbitration – deep sector expertise in oil and gas

Energy disputes have always been complex and global – and that’s exactly where our experience counts.  At Greenwoods, we’ve built a strong track record in handling oil and gas disputes in all arbitral forums, where understanding the sector’s technical and commercial realities is critical.

It’s not just about knowing arbitration procedure – it’s about grasping the operational and contractual nuances that drive these disputes.

Our team is widely regarded for its depth of knowledge in oil and gas arbitration, with Euan Palmer recognised as a go-to expert in this field.  His extensive experience in high-value, cross-border disputes ensures that clients benefit from strategic, sector-informed advice when it matters most.

Looking ahead to 2026, our focus is on leveraging this expertise even further – helping clients navigate high-stakes, international energy disputes with confidence and clarity.

Procurement and tender challenges – with innovative pricing

Public procurement remains under scrutiny, and tender disputes are becoming more frequent.  In 2026, we’re introducing an innovative fixed-cost merits model for procurement challenges, giving clients upfront clarity on case strength before committing to full litigation.

“Cost certainty is critical in procurement disputes,” explains Adele Whaley, Partner in Disputes.  “Our fixed-cost merits model will give clients confidence to make informed decisions early – it’s a game-changer for this area.”

Injunctions and team moves – seamless collaboration

The rise in team hires and “lift and shift” disputes is creating complex litigation that spans employment and commercial law.

“Diligence and clarity is everything when resisting spring-board relief injunctions,” says Sara Roden, Managing Associate and Sophie Askew, Employment Partner.

“Our collaboration between Employment and Disputes ensures clients get comprehensive, joined-up solutions.”

Damages-Based Agreements (DBAs) – alternative funding success stories

DBAs are gaining traction as clients seek flexible funding models.  In 2025, we achieved significant successes under DBAs, including enforcing a multi-million-pound judgment.

“DBAs aren’t for every case, but when they fit, they can transform the commercial viability of a claim, ensuring that client and lawyer are fully aligned in their objective to win, as quickly as possible” comments Huw Wallis, Head of Disputes.

Other trends to watch in 2026

• ESG disputes – still emerging, but likely to grow as regulatory scrutiny increases.  Boards should review disclosures and supply chain practices to avoid greenwashing claims and activist litigation.
• Collective actions – consumer and competition claims remain on the rise, particularly in data privacy and pricing practices.  Businesses should prepare for potential group litigation as awareness and regulatory enforcement increase.
• Technology in litigation – generative AI enters the courtroom – disputes linked to generative AI are expected to surface, including intellectual property issues, liability for AI-generated content, and contractual breaches involving automated decision-making.  Companies using AI should review contracts and IP protections now to reduce risk.

Watch this space – we’re growing

2026 isn’t just about new trends – it’s about new talent.  We’re investing in the future of our Disputes team, expanding our capabilities and bringing in exceptional lawyers to meet client demand.  Watch this space for announcements on exciting hires and growth initiatives.

Want to discuss how these trends and our new offerings could benefit your business?  Contact our Disputes team today.