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Coll 28/95 ‘Persia. Relations with H.M.G. Private claims against H.M.G.: case of the S.S. “Kara Deniz”.’ [‎24v] (48/691)

The record is made up of 1 file (343 folios). It was created in 29 Oct 1927-10 Feb 1938. 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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"Hamaden” or "Kara Deniz" (the property of a naturalised
Persian subject of Ottoman origin named Socrates
Atychides) which was detained at Bombay prior to the
outbreak of war with Turkey in 1914 on the ground that
notwithstanding a projected transfer to the Persian flag
it was really an Ottoman vessel. The ship was subsequently
condemned as a prize by the High Court of Bombay, whose
judgment was later confirmed by the Privy Council. The
owner has ever since had a claim (which has been
supported by the Iranian Government) against His Majesty’s
Government on the ground that the ship was illegally
detained at Bombay prior to the outbreak of the war with
Turkey and was therefore wrongly condemned as a prize.
While for present purposes it is unnecessary to discuss
the legality or otherwise of the action taken in regard
to the "Kara Deniz", it is relevant to point out that
subsequent examination has shown that the owner’s
allegations may not be entirely without foundation, and
His Majesty’s Procurator General has expressed the *
opinion that if the claim were to be brought before any
kind of arbitral tribunal His Majesty’s Government (or
the Government ol India) might be placed in the position
Jtc V. 2i(/i/u
of having to pay damages to the extent of £900.000 .
the figure at which Monsieur Atychides places his losses
including losses of earnings.
5. It will be seen from the foregoing brief
explanation that a difficult question of principle arises,
viz. are His Majesty’s Government justified in depriving
British claimants generally of their last and, in fact,
only hope of repayment, however slender that may be,
because of the existence of an Iranian counter-claim
which in no way concerns the claimants in question, and
which might be found by an Impartial Commission,
notwithstanding the decisions of the Prize Courts^viidifct /•
have considerable justification. It is on this point

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Correspondence, reports and other papers relating to the case of the SS Kara Deniz , a Turkish-owned steamship that was claimed as prize by the British Government at the moment of the Ottoman Empire’s entry into the First World War, while the vessel was moored at Bombay [Mumbai]. The papers focus on a financial claim made against the British Government by the vessel’s Greek owners, Socrates Atychides and Theodore Vahratoglou, based on the argument that the vessel had been sold to Persian owners before it was claimed as prize.

The file includes: correspondence beginning in 1927 and exchanged between the Foreign Office, 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. and Government of India, responding to the Government of Persia’s desire to conclude the claim being pursued by Atychides against the British Government; discussion of whether the Kara Deniz was detained prior to or after the Ottoman Empire’s entry into the War; accounts detailing the seizure of the Kara Deniz , including a 1928 note entitled ‘A brief account of the circumstances attending the alleged detention at Bombay of the S. S. “Kara Deniz” prior to her capture as a prize vessel in 1914’ (ff 323-330), and another note entitled ‘Diary of certain events relating to the detention of the S. S. “Kara Deniz” at Bombay in 1914” (ff 151-152); copies of correspondence (some in French) from Atychides; a printed copy of the court proceedings at the High Court of Judicature at Bombay, Admiralty and Vice-Admiralty Jurisdiction, entitled ‘Case No. 3 of 1914. In Prize. Steamship “Kara Deniz.”’ (ff 189-246); discussion of the claim in relation to other outstanding claims and disputes to be settled between the British and Persian Governments; a report prepared by HM Envoy Extraordinary and Minister Plenipotentiary A diplomatic representative who ranks below an ambassador. The term can be shortened to 'envoy'. at Tehran, Reginald Hervey Hoare, dated 1935, entitled ‘British claims against Persia’ (ff 84-109).

Extent and format
1 file (343 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 345; 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.

Written in
English and French in Latin script
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Coll 28/95 ‘Persia. Relations with H.M.G. Private claims against H.M.G.: case of the S.S. “Kara Deniz”.’ [‎24v] (48/691), British Library: India Office Records and Private Papers, IOR/L/PS/12/3501, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100066723403.0x000033> [accessed 18 April 2024]

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