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Coll 28/51 ‘Persia. Relations with H.M.G. Treaty negotiations: Article regarding private claims.’ [‎11r] (21/357)

The record is made up of 1 file (176 folios). It was created in 13 Apr 1932-28 Dec 1936. It was written in English and French. The original is part of the British Library: India Office The department of the British Government to which the Government of India reported between 1858 and 1947. The successor to the Court of Directors. Records and Private Papers Documents collected in a private capacity. .

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( 5 )
7.
they would take a different line to-day and Mr. Eden sees no
prospect of inducing them to accept a claims commission unless
His Majesty’s Government are prepared to allow the Atychides
claim to come before the commission or tribunal and to oppose
it on its merits. In the absence of a clear understanding
that His Majesty’s Government are prepared to take this line
it seems preferable to avoid even suggesting a general claims
commission, since the negotiations for its establishment could
otherwise only end in failure.
10. It will be seen from the foregoing explanations that
a diificult question of principle arises. Are His Majesty’s
Government justified in depriving British claimants generally
of their last, and in fact their only, hope of repayment,
however slender that may be, because of the existence of a
Persian counter-claim against His Majesty's Government (or
at any rate against the Government of India) which in no way
concerns the claimants in question and which might be found
by an impartial commission, noLwithstanding the aecisions of
the prize Courts, to have considerable justification?
11. In view of this difficulty it would be of great
assistance to Mr. Eden in considering the question further
if he might be informed of your opinion as to:
(1) Whether the objections of principle to submitting
prize court judgments to review by any kind of
international court or tribunal must be held to
apply without qualification to the present case,
notwithstanding any special circumstances connected
therewith.
(2) If so, whether the same objections would apply
to the review by some international court or tribunal,
not of the prize court judgments as such, i.e. the
c ondemnation/

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Content

Correspondence and other papers relating to the drafting of an article for the Anglo-Persian Treaty, concerning private claims made against the British and Persian Governments. The correspondence concerns: the exclusion from the article of British Indian claims; an agreement by both parties to not pursue certain claims arising from the ‘exceptional circumstances obtaining during the [First] world war’ (f 155); general treaty instructions from the India Office The department of the British Government to which the Government of India reported between 1858 and 1947. The successor to the Court of Directors. , sent to the British Legation in Tehran; details of an historic claim for approximately £900,000, made against the British Government by a Persian subject named Socrates Atychides, whose ship, the Kara Deniz , was detained and declared as prize at Bombay [Mumbai] in 1914; a printed copy of a general review of British claims against Persia, prepared by Hugh Ritchie, formerly of the Foreign Office. Ritchie’s review includes indexes to supplementary volumes (not included in the file) entitled Persia (Legation Claims) , Persia: Consulate Claims (Peace-Time), and Persia: Consulate Claims (War-Time) (ff 22-51). The indexes are lists of British claimants.

Principal correspondents in the file include: John Charles Walton and John Gilbert Laithwaite of the India Office The department of the British Government to which the Government of India reported between 1858 and 1947. The successor to the Court of Directors. ; George William Rendel and Christopher Frederick Ashton Warner of the Foreign Office; W R L Trickett of HM’s Treasury.

The file contains a single paragraph of French text: a draft of the claims article submitted by the Government of Persia (f 168).

The file includes a divider, which gives a list of correspondence references contained in the file by year. This is placed at the back of the correspondence.

Extent and format
1 file (176 folios)
Arrangement

The papers are arranged in approximate chronological order from the rear to the front of the file.

Physical characteristics

Foliation: the foliation sequence (used for referencing) commences at the inside front cover with 1, and terminates at the last folio with 178; these numbers are written in pencil, are circled, and are located in the top right corner of the recto The front of a sheet of paper or leaf, often abbreviated to 'r'. side of each folio. A previous foliation sequence, which is also circled, has been superseded and therefore crossed out.

Written in
English and French in Latin script
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Coll 28/51 ‘Persia. Relations with H.M.G. Treaty negotiations: Article regarding private claims.’ [‎11r] (21/357), British Library: India Office Records and Private Papers, IOR/L/PS/12/3456, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100046162934.0x000018> [accessed 29 March 2024]

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