Trust and trustee – Appeals on fact. Following the sale of a Gauguin painting to the Emir of Qatar, an art dealer claimed $10m in commission from the trustees of the trust that had sold the painting. The Court of Appeal, Civil Division, upholding the judge's decision that the trustees were liable to pay the commission, held that the art dealer's failure to alert the trustees that an offer higher than the final sale offer had been made earlier in negotiations did not mean that he had been guilty of a breach of fiduciary duty.