## 保全裁定英文 **Preamble** Preservation decree, an important judicial measure in civil procedure, is widely used in various legal systems worldwide. Its purpose is to safeguard the interests of the parties involved in a legal dispute or controversy by securing and preserving the subject matter of the claim or property in question. The preservation decree freezes the assets of the defendant or attaches a lien on them, preventing any third party from acquiring any rights in such assets. **Definition** A preservation decree, also known as a preservation order or an injunction, is a court order that prohibits a party from doing or continuing a specific act. It is a temporary measure issued to maintain the status quo and prevent irreversible changes to the subject matter of the claim or property in dispute. **Purpose** The primary purpose of a preservation decree is to preserve the assets or property that may be subject to dispute, ensuring that they remain intact and available for use in any subsequent proceedings. This prevents the party against whom the decree is issued from disposing of the assets or property, allowing the claimant to secure their interests and ensure that the subject matter of the claim remains available for execution or enforcement of the final judgment. **Types of Preservation Decrees** Preservation decrees can be tailored to the specific circumstances of the case and fall into several categories: - **Mareva Injunction:** This type of injunction freezes the defendant's assets worldwide, including bank accounts, real estate, stocks, and other financial instruments, effectively preventing their disposal or transfer. - **Anton Piller Order:** An Anton Piller order authorizes the claimant's representatives, usually accompanied by a court official and the police, to enter the defendant's premises and seize or inspect specific items relevant to the dispute. - **Freezing Order:** Similar to a Mareva injunction, a freezing order restricts the defendant's ability to deal with any of their assets but may be more limited in scope, targeting specific property or accounts. - **Proprietary Injunction:** This injunction prevents the defendant from interfering with or disposing of specific property that is the subject matter of the legal dispute. - **Norwich Pharmacal Order:** Also known as a disclosure order, a Norwich Pharmacal order compels a third party to provide information or documents that may assist in identifying or tracing the defendant's assets. **Conditions for Issuance** To obtain a preservation decree, the claimant must demonstrate to the court that: - There is a strong prima facie case in favor of the claimant's claim. - There is a real risk of dissipation or disposal of assets by the defendant, which could prejudice the claimant's ability to recover their dues. - The harm or loss to the claimant if the decree is not granted outweighs any harm or inconvenience to the defendant. - The claimant has no other reasonable means of protecting their interests. **Procedure for Obtaining a Preservation Decree** The process of obtaining a preservation decree typically involves: 1. **Filing an Application:** The claimant files an application with the court seeking the issuance of a preservation decree, supported by evidence and arguments justifying the request. 2. **Ex Parte Hearing:** The court may conduct an ex parte hearing without the presence of the defendant to consider the claimant's application and review the evidence in support. 3. **Interlocutory Order:** If the court is satisfied that the conditions for granting a preservation decree are met, it may issue an interim or interlocutory order freezing the defendant's assets or imposing other restrictions. 4. **Final Hearing:** The defendant may be given an opportunity to challenge the decree during a subsequent hearing known as the final or inter partes hearing, where both parties can present their arguments. **Enforcement** Once a preservation decree is granted, it is legally binding on the parties involved. The defendant is obliged to comply with the terms of the decree and may face serious consequences, such as fines, imprisonment, or contempt of court proceedings, for violating its provisions. The claimant can also take steps to enforce the decree through legal mechanisms such as seizure of assets or garnishment of wages. **Conclusion** Preservation decrees play a crucial role in safeguarding the interests of claimants in legal disputes by protecting the subject matter of the claim or property in dispute. By providing a way to secure assets, prevent their dissipation, and obtain information regarding the defendant's financial status, preservation decrees help ensure that justice is served and the rights of the parties involved are upheld.