Book Review: Applying Legal Principles to Practice: Grazio Mercieca, Massimarji tal-Imhallef Philip Sciberras. Procedura Civili, L-Ewwel Volum, Malta University Publishing, 2015, pp 1046.

“‘Massimarji’ is an extensive collection of authoritative judgements, given by Judge Emeritus Philip Sciberras and well researched, summarised and categorised by author Dr Grazio Mercieca, for many years a practising lawyer; a Commissioner for Justice, Chairman of the Small Claims Tribunal and lecturer in Civil Procedure at the University of Malta.

Dr Mercieca has also authored another massive contribution to legal research: Mezzi Straordinarji ta’ Impunjazzjoni ta’ Sentenzi published in 2005. which encompasses a compendium of remedies extending from the notion of restitutio in integrum to the exhaustive remedy of retrial.

In an age where Google and Wikipedia have revolutionised the dissemination of information and knowledge at a speed never known before, massive volumes of technical legal jargon might at first glance seem anachronistic to the superficial researcher. However, volumes like ‘Massimarji’ prove that legal research goes beyond glimpses at search engines and produce useful data from primary sources to the professional researcher.

‘Massimarji; dealing with the law of Civil Procedure is the first volume in a series of three which the author intends to publish. In the preface. Professor Kevin Aquilina, Dean of the Faculty of Laws, summarises Mercieca’s work as,’ a unique contribution to legal research’; describing it as a practical manual for all stakeholders in the legal field.

Members of the judiciary, academics, practising lawyers and law students alike, have been regaled with a comprehensive interpretation of a plethora of legal principles by an authoritative Judge who has established himself as one of the Maltese leading judges of all time.

Judge Philip Sciberras, unassuming in appearance, calm ( and intelligently sarcastic) in attitude, has dedicated his life to legal research , the result of which has been abundantly exposed in his numerous judgements . In ‘Massimarji’ the author has captured this wealth of legal knowledge and transformed it into a form which is user friendly.

Apart from listing the salient legal points in alphabetical order, Dr Mercieca subdivides each item in a thematic and logical way. The way the book is divided shows an in depth knowledge of the Law of Civil Procedure on the part of the author who does not only categorise legal principles but compiles indices of all the judgements on the subject by Judge Philip Sciberras; of the judgements pronounced by other members of the Judiciary and quoted by Judge Sciberras, and indices of the relevant legislation.

As sincerely declared by himself in the book’s introduction, Dr Mercieca leaves the Judge talking to his readers in his peculiar fashion. The only interference by the author translates itself into a studied analysis of the legal principles enunciated in the judgements.

The reader can follow the whole judicial process from its very beginning: from the filing of the judicial or official letter up to the final judgement, the appellate stage and the retrial stage ( well loved by the author).

Before the important amendments in the Code of Organisation and Civil Procedure in 1995, it was every practising lawyer’s nightmare to file a writ of summons which might turn out to be null with damning consequences to the lawyer and client alike.

The new practice established by law in allowing a lawyer to ask the Court to make corrections in judicial acts, ( which are not prejudicial to the interests of the other party) has made the law of procedure more sensible and just, protecting clients’ interests.

The law of procedure is a tool in making the judicial process more transparent, well regulated and guaranteeing a fair trial. Mercieca’s ‘Massimarji’ is a beneficial instrument in highlighting this development with Judge Sciberras at the forefront , transforming the sometimes-pedantic judicial process into a meaningful one where justice is administered within the parameters of the law but built on the solid foundations of justice.

The unassuming characters of the author and the Judge, belie the depth of legal knowledge contained in this volume.”

Dr Reno Borg – B.A., M.A., LL.D.

Note: The book was launched earlier this month at the Circolo Gozitano in Gozo. in the presence of Chief Justice Silvio Camilleri and The Minister for Gozo Dr Anton Refalo, as well as Gozitan lawyers and officials of the Gozo Court.

Photograph: MGOZ/George Scerri

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