Power of Attorney in UK Law

However, Dr Fatah continued by explaining that if an individual has lost his CSID and does not know the relevant page and book number for it, then the Iraq Embassy in London will not be able to obtain one on his behalf. Instead, he or she will have to attend the appropriate local office of family registration in Iraq or give a relative, friend or lawyer power of attorney to obtain his or her CSID.

In summary, we conclude that it is possible for an Iraqi national living in the UK to obtain a CSID through the consular section of the Iraqi Embassy in London, if such a person is able to produce a current or expired passport and/or the book and page number for their family registration details.

What is relevant in such a case is the subjective intention of the settlor. Although, as I have said, there is no legal requirement of an outward expression or objective communication of the settlor's intention in such a case, it will plainly be difficult as a matter of evidence to discharge the burden of proving that there was a mistake in the absence of an outward expression of intention.

In the first place, the doctrine of rectification is concerned with intention, or rather the mistaken implementation of intention, rather than the power and authority to effect a particular transaction. Mrs Day, however, was the settlor and it is her intention and the implementation of her intention, and not the scope of Mr Froud's authority, which are in issue on the claim for rectification.

Thirdly, since Mrs Day never formed any intention to confer a beneficial interest in the Property on the respondent, the Recorder could only reject the claim for rectification if Mrs Day's overriding intention was that the proposed transaction should be carried out in any way that Mr Froud might choose. The Recorder, however, never directly addressed that question.

In fact, apart from the generality of the power of attorney itself, there was no evidence that the intention of Mrs Day was that Mr Froud could carry out the proposed transaction in any way he chose. The mere statement of such a possible intent shows its inherent improbability. It would mean that it would have been Mrs Day's intention, and within Mr Froud's actual authority, to permit Mr Froud to arrange for the Property to be conveyed both legally and beneficially to the respondent alone.