Tuesday, 3 March 2026
Description
Attend and earn 1 CPD hour
* This interactive online recording includes questions and quizzes requiring critical thinking about the topics, so you have no annual limits to the number of points/hours you can claim with this format of learning. Please verify with your CPD rules
The Economics of Equity – How to Manage Costs in Trust Disputes
- Making the decision to litigate
- How to manage cost risk
- Strategies to contain costs and avoid blowouts
- Alternatives to litigation
- Who pays?
Presented by Ayleath Foote, Partner, Duncan Cotterill
Learning Objectives:
- Understand the key cost risks and strategic considerations involved in trust disputes and litigation
- Examine practical strategies for managing litigation costs, containing disputes and considering alternatives to court proceedings
Chair
Kate Wiseman, Mediator, Arbitrator, Collaborative Barrister, Bankside Chambers
Presenters
Ayleath Foote, Partner, Duncan CotterillAyleath specialises in litigation, arbitration and dispute resolution, and provides advice and advocacy in cases before Courts at all levels. She has acted on many high value claims for insurers, trustees, beneficiaries and companies across a broad range of fields. Her focus is on high value, complex litigation as well as emergency relief. Before joining Duncan Cotterill, Ayleath worked as a senior associate in the litigation team at Freshfields Bruckhaus Deringer in London as part of the insurance and financial services group. There she worked on large scale litigation and advice for insurance syndicates and markets, listed companies, financial institutions and regulators. Ayleath has particular expertise in trust disputes. She has been involved in many high profile trust disputes. This included acting for the Great Christchurch Buildings Trust which successfully stayed the demolition of the Christchurch Cathedral, as well as well known beneficiary and trustee claims such as interests in the Kain v Hutton litigation. Ayleath understands that the mix of commercial enterprises, high value assets and family dynamics can be challenging to manage. As well as private trusts, she undertakes the restructuring and resettlement of Charitable Trusts, which require Court approval.

Kate Wiseman, Mediator, Arbitrator, Collaborative Barrister, Bankside Chambers
Kate is an arbitrator, mediator and collaborative barrister. She works with people in organisational, business and/or family relationships to help them resolve disputes. Her work encompasses a broad range of commercial, property and family disputes. She has particular expertise in resolving family disputes concerning trusts, estates, companies and relationship property. She has a special interest in governance disputes, especially those concerning shareholders, incorporated societies, charitable trusts and body corporates. She had a 20-year career in business before coming to the law. She has held governance roles continuously since 2004 and is currently an elected member of the governing Council of the Arbitrators’ and Mediators’ Institute of New Zealand (AMINZ).