Biography

Andrew Burrows, MA, BCL, LLM (Harvard), QC (Hon), FBA, DCL,Barrister and Honorary Bencher of Middle Temple is Professor of the Law of England and a Fellow at All Souls. He was President of the Society of Legal Scholars (2015-16).

Recorder on the South-Eastern Circuit; Member of the Ogden Working Party; Door Tenant of Fountain Court Chambers, London; Chair of the Video Appeals Committee.

Formerly: Norton Rose Professor of Commercial Law, St Hugh's College, 1999-2010; Law Commissioner for England and Wales 1994-1999; Professor of English Law, University College, London 1994-1999; Fellow and CUF Lecturer in Law, Lady Margaret Hall, 1986-1994; Lecturer in Law, University of Manchester 1980-1986; Visiting Professor, Bond University 1994; Research Fellow, Australian National University 1994; Judicial Studies Board; Civil Committee of the Judicial Studies Board.

 

 

 

 

Publications

Displaying 1 - 68 of 68. Sorted by year, then title.
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  • A S Burrows, ''At the Expense of the Claimant': a Fresh Look' (2018) Restitution Law Review (forthcoming)
    Unjust enrichment has been subjected to a new wave of academic scepticism. This article argues that to protect the subject from needless attack, we must make clear that ‘at the expense of’ is a narrower notion than has often been thought. A wide ‘but for’ causal approach to ‘at the expense of’ must be rejected. Instead, drawing on the Wilburg-Von Caemmerer taxonomy of German law, the argument is made that it is helpful to recognise a distinction between the conferral of a benefit on D by C and the taking of a benefit by D from C. Within the former, one should also recognise that ‘incidental benefits’ are not at the expense of C. In an addendum to the paper, two recent decisions of the Supreme Court are analysed and are seen to be very much in line with the central thrust of the article.
  • A S Burrows, 'A New Dawn for the Law of Illegality' in A Bogg and S Green (eds), Illegality after Patel v Mirza (Hart 2018) (forthcoming)
  • A S Burrows, 'Challenges for Private Law in the Twenty-First Century ' in Kit Barker, Karen Fairweather, Ross Grantham (ed), Private Law in the 21st Century (Hart 2017)
  • A S Burrows, 'Illegality after Patel v Mirza' (2017) 70 Current Legal Problems 55
    DOI: https://doi.org/10.1093/clp/cux008
    English law on illegality in private law (eg illegal contracts) has long been regarded as both difficult and unsatisfactory. In 2016, the Supreme Court, sitting as a panel of nine, looked at the area again in Patel v Mirza. Here £620,000 had been paid for the defendant to bet on share prices using inside information (which, if carried out, would constitute the crime of insider dealing). The agreement was not carried out because the information was not forthcoming. Was the claimant entitled to repayment of that money? In answering that question, a majority of the Supreme Court set out a controversial new approach to this area of the law, which was vigorously rejected by the minority judges. This lecture examines the reasoning in the case and asks whether Patel v Mirza constitutes a triumph or a tragedy for the law of illegality.
  • A S Burrows, 'Interest' in G Virgo and S Worthington (eds), (Cambridge University Press 2017)
    An examination of the much neglected law on interest.
    ISBN: ISBN 978-1-107-17132-9
  • A S Burrows, 'Narrowing the Scope of Unjust Enrichment' (2017) 133 Law Quarterly Review 537 [Case Note]
  • A S Burrows, A Restatement of the English Law of Contract (OUP 2016)
    ISBN: 978-0-19-875555-5
  • A S Burrows and JH Burrows, 'A Shocking Requirement in the Law on Negligence Liability for Psychaitric Illness' (2016) Medical Law Review 278
  • A S Burrows, 'Illegality as a Defence in Contract ' in Simone Degeling, James Edelman, James Goudkamp (ed), Contract in Commercial Law (Thomson Reuters 2016)
    ISBN: 9780455237688
  • A S Burrows, 'Post-Legslative Scrutiny, Legislative Drafting and the 'Elusive Boundary' ' in Matthew Dyson, James Lee, Shona Wilson Stark (ed), Fifty Years of the Law Commissions: the Dynamics of Law Reform (Hart 2016)
    ISBN: 978-1-84946-857-2
  • A S Burrows, 'Some Recurring Issues in Relation to Limitation of Actions' in Andrew Dyson, James Goudkamp, Frederick Wilmot-Smith (ed), Defences in Tort (Hart 2015)
    ISBN: 9781849465267
  • A S Burrows, 'Alternatives to Legislation: Restatements and Judicial Law Reform' in Louise Gullifer and Stefan Vogenauer (eds), English and European Perspectives on Contract and Commercial Law: Essays in Honour of Hugh Beale (Hart 2014)
    ISBN: 9781849465496
  • A S Burrows, 'Damages, Limitation' in (ed), Clerk and Lindsell on Torts (Sweet and Maxwell 2014)
    ISBN: 9780414034259
  • A S Burrows, A Casebook on Contract (4th edn Hart 2013)
    ISBN: 9781849464468
  • A S Burrows, 'Common Law Retrospectivity' in (ed), Judge and Jurist: Essays in Memory of Lord Rodger of Earlsferry (OUP 2013)
    ISBN: 9780199677344
  • A S Burrows and C Busch, 'Contract Terms in favour of Third Parties' in Gerhard Dannemann and Stefan Vogenauer (eds), The Common European Sales Law in Context (OUP 2013)
    ISBN: 978-0-19-967890-7
  • A S Burrows (ed), English Private Law (OUP 2013)
    ISBN: 9780199661770
  • A S Burrows, 'Good Consideration in the Law of Unjust Enrichment' (2013) 129 Law Quarterly Review 328 [Case Note]
  • A S Burrows, 'Is there a Defence of Good Consideration? ' in Charles Mtichell and William Swadling (eds), The Restatement Third: Restitution and Unjust Enrichment (Hart 2013)
    ISBN: 978-1-84946-408-6
  • A S Burrows, Judge and Jurist: essays in Memory of Lord Rodger of Earlsferry (OUP 2013)
    ISBN: 9780199677344
  • A S Burrows, 'Judicial Remedies' in (ed), English Private Law (OUP 2013)
    ISBN: 9780199661770
  • A S Burrows, 'Numbers Sitting in the Supreme Court' (2013) 129 Law Quarterly Review 305
  • Lord Rodger of Earlsferry and A S Burrows, 'Peter Birks' (2013) Restitution Law Review 54
  • A S Burrows, A Restatement of the English Law of Unjust Enrichment (OUP 2012)
    ISBN: 9780199669899
  • A S Burrows, 'Damages and Rights' in (ed), Rights and Private Law (Hart 2012)
    ISBN: 9781849461429
  • A S Burrows, 'Restitution of Mistaken Enrichments ' (2012) 92 Boston University Law Review 767
  • A S Burrows, 'The Relationship between Common Law and Statute in the Law of Obligations' (2012) 128 Law Quarterly Review 232
    ISBN: 0023-933X
  • A S Burrows, A Casebook on Contract (3rd edn Hart 2011)
  • A S Burrows, The Law of Restitution (3rd edn OUP 2011)
    ISBN: 9780199296521
  • A S Burrows, J Beatson and J. Cartwright, Anson's Law of Contract (29th edn OUP 2010)
  • A S Burrows, Clerk and Lindsell on Torts (20th edn Thomson Reuters 2010)
  • A S Burrows, A Casebook on Contract (2nd edn Hart 2009)
  • A S Burrows, Chitty on Contracts (30th edn Thomson Reuters 2008)
  • A S Burrows and Lord Rodger of Earlsferry, 'Peter Birks 1941-2004 ' in (ed), Proceedings of the Biritish Academy 150, Biographcial Memoirs of Fellows VI (OUP 2008)
  • A S Burrows, 'The Relationship Between Unjust Enrichment and Property: Some Unresolved Issues ' in Degeling and Edelman (eds), Unjust Enrichment in Commercial Law (Thomson Reuters 2008)
  • A S Burrows, 'Uncertainty about Uncertainty: Damages for Loss of a Chance ' (2008) Journal of Personal Injury Law 31
    ISBN: 1352-7533
  • A S Burrows, A Casebook on Contract (Hart 2007)
    ISBN: 978-1-841113-713-1
  • A S Burrows, Ewan McKendrick and James Edelman, Cases and Materials on the Law of Restitution, 2nd edition (OUP 2007)
    ISBN: 0-19-929651-0
  • A S Burrows and Edwin Peel (eds), Contract Terms (OUP 2007)
    Essays from Norton Rose-Oxford colloquium
    ISBN: 978-0-19-922937-6
  • A S Burrows, 'Construction and Rectification' in Burrows and Peel (eds), Contract Terms (OUP 2007)
    ISBN: 978-0-19-922937-6
  • A S Burrows, 'Absence of Basis: the New Birksian Scheme' in Andrew Burrows and Alan Rodger (eds), Mapping the Law: Essays in Memory of Peter Birks (OUP 2006)
    Essay analysing the advantages and disadvantages of Birks' new approach to the unjust question in unjust enrichment.
    ISBN: 0-19-920655-4
  • A S Burrows, 'Chapters 29-33' in (ed), Clerk and Lindsell on Torts (19th edn) (Sweet and Maxwell 2006)
    Leading practitioners' work on Torts
    ISBN: 0-421-88890-3
  • A S Burrows and Lord Rodger of Earlsferry (co-editor) (eds), Mapping the Law: Essays in Memory of Peter Birks (OUP 2006)
    Essays in memory of Peter Birks
    ISBN: 0-19-920655-4
  • A S Burrows, 'Remedial Coherence and Punitive Damages in Equity' in S Degeling (ed), Equity in Commercial Law (Thomson 2006)
    Argues that punitive damages should be available for equitable wrongs.
    ISBN: 0455222088
  • A S Burrows, 'Restitution in Respect of Mistakenly Paid Tax' (2005) 121 LQR 540 [Case Note]
    ISBN: 0023-933X
  • A S Burrows, 'Unravelling Proprietary Restitution: a Response to Professor Lionel Smith' (2005) Canadian Business Law Journal 424
    ISBN: 0319-3322
  • A S Burrows, 'Chapters 19-20, 28 plus annual supplements 2004, 2005, 2006' in (ed), Chitty on Contracts 29th edn (2004)
    ISBN: 0-421-84280-6
  • A S Burrows, 'Some Reflections on Law Reform in England and Canada' (2004) 39 Canadian Business Law Journal 320
  • A S Burrows, 'The English Law of Restitution: A Ten-Year Review' in Neyers, McInnes and Pitel (eds), Understanding Unjust Enrichment (2004)
    ISBN: 1-84113-423-6
  • A S Burrows, Remedies for Torts and Breach of contract (3rd edn OUP 2004)
    ISBN: 0-406-97726-7
  • A S Burrows, 'Change of Position: the View from England' (2003) Loyola of Los Angeles Law Review 803
    An examination of the developing defence to restitution of change of position
  • A S Burrows, Chitty on Contracts, plus supplement 2004 (Sweet and Maxwell 2003)
    Practitioners' work
    ISBN: 0-421-82900-1
  • A S Burrows and Edwin Peel (eds), Commercial Remedies (OUP 2003)
    Edited papers from Norton Rose -Oxford Law Colloquium 2002
    ISBN: 0-19-926465-1
  • A S Burrows, 'Limitations on Compensation' in Andrew Burrows and Edwin Peel (eds), Commercial Remedies: Current Issues and Problems (OUP 2003)
    Explores various limits on contractual damages and equitable compensation
    ISBN: 0-19-926465-1
  • A S Burrows, Clerk and Lindsell on Torts: Annual Supplements 2001, 2002, 2003, 2004 (Sweet and Maxwell 2002)
    Practitioners' work
    ISBN: 0-421-79580-8
  • A S Burrows, English Private Law: first and second supplements (OUP 2002)
    Supplement. My section is on Remedies.
    ISBN: 0-19-924754-4
  • A S Burrows, Fusing Common law and Equity: Remedies, Restitution and Reform (Sweet and Maxwell, Asia 2002)
    Text of Hochelaga lectures given in 2001
  • A S Burrows, The Law of Restitution (2nd edn Butterworths 2002)
    Text on the law of restitution
  • A S Burrows, 'No Damages for a Third Party's Loss' (2001) 1 OUCLJ 107
    Analysis of Alfred McAlpine case
    ISBN: 1472-9342
  • A S Burrows, 'Proprietary Restitution: Unmasking Unjust Enrichment' (2001) 117(Jul) Law Quarterly Review 412
    ISBN: 0023-933X

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Research programmes

Research projects

Research Interests

English Private Law, Contract, Unjust Enrichment, Tort, Remedies, Statute Law

Options taught

Contract, Tort, Commercial Law, Restitution of Unjust Enrichment

Research projects