Financial services litigation in 2026 and beyond - what are the trends in the US courts and is the UK litigation market likely to follow suit or forge a different path?

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Conventional wisdom dictates that market trends, whether for juice bars or Pilates, emerge in the US and then ‘cross the pond’ to establish themselves in the UK.

In the last year, the US courts have seen cross-border claims regarding fraudulent Ponzi schemes, determined contested claims to privilege involving the use of AI tools in litigation, issued a controversial decision concerning a financial institution accused of funding terrorism, found a bank liable for providing banking services to leaders of a regime who were committing human rights abuses, and continued to manage ‘mega’ class actions, notably in the anti-trust space.

Against this backdrop, practitioners from London and New York debate whether these and other US claims are likely to be replicated in the English courts.