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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”.’ [‎80r] (159/691)

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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JM
place. Moreover, apart from this point, the principle under
which the vessel was ultimately condemned was a principle of
prize lav/ only as understood in this country and the United
States, and at variance with the continental rule. Unless
it were expressly provided that the case was to be determined
according to Anglo-Saxon prize law it is at any rate possible
?
that the tribunal would apply the continental rule.
8 * Tt is therefore apparent that if this claim were
to be brought before any kind of arbitral tribunal, His
Majesty’s Government might, as the result of this one case
alone and leaving aside the remaining Persian claims, about
which little, if anything, is known, except that they exist,
be placed in the position of having to pay damages to the
extent of anything up to £900,000, the figure at which M.
Atychides places his losses, including losses of earningsj
and it is unlikely that the damages v/ould be reduced even if
His Majesty’s Government were to decline on principle to
submit the Prize decision to arbitration and were to restrict
the issue before the tribunal to that of the detention of the
vessel at Bombay prior to the outbreak of war. In these
circumstances His Majesty’s Government can obviously not
agree to the submission of this claim to arbitration without ^
the most serious consideration. .
9. During the treaty negotiations referred to in
paragraph 4 above, His Majesty’s Government hoped to be able i
lo becure ohe exclusion of the Atychidcs claim from the scope j
of any Anglo-Persian claims commission by proposing, when the
time came for a detailed discussion of the categories of
I
claims/

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Content

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”.’ [‎80r] (159/691), British Library: India Office Records and Private Papers, IOR/L/PS/12/3501, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100066723403.0x0000a2> [accessed 25 April 2024]

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