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).
Deputy High Court Judge and 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.
- ISBN: 978-1-108-46578-6Unjust 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.DOI: https://doi.org/10.1093/clp/cux008English 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.An examination of the much neglected law on interest.ISBN: ISBN 978-1-107-17132-9ISBN: 978-0-19-875555-5ISBN: 9780455237688ISBN: 978-1-84946-857-2ISBN: 978-1-78225-656-4ISBN: 978-1-84946-591-5ISBN: 9781849465267ISBN: 9781849465496ISBN: 9780414034259ISBN: 9781849464468ISBN: 9780199677344ISBN: 978-0-19-967890-7ISBN: 9780199661770ISBN: 978-1-84946-408-6ISBN: 9780199677344ISBN: 9780199661770ISBN: 9780199669899ISBN: 9781849461429ISBN: 0023-933XISBN: 9780455229232ISBN: 9780199296521ISBN: 1352-7533ISBN: 978-1-841113-713-1ISBN: 0-19-929651-0Essays from Norton Rose-Oxford colloquiumISBN: 978-0-19-922937-6ISBN: 978-0-19-922937-6Essay analysing the advantages and disadvantages of Birks' new approach to the unjust question in unjust enrichment.ISBN: 0-19-920655-4Leading practitioners' work on TortsISBN: 0-421-88890-3Essays in memory of Peter BirksISBN: 0-19-920655-4Argues that punitive damages should be available for equitable wrongs.ISBN: 0455222088ISBN: 0023-933XISBN: 0319-3322ISBN: 0-421-84280-6ISBN: 1-84113-423-6ISBN: 0-406-97726-7An examination of the developing defence to restitution of change of positionPractitioners' workISBN: 0-421-82900-1Edited papers from Norton Rose -Oxford Law Colloquium 2002ISBN: 0-19-926465-1Explores various limits on contractual damages and equitable compensationISBN: 0-19-926465-1Practitioners' workISBN: 0-421-79580-8Supplement. My section is on Remedies.ISBN: 0-19-924754-4Text of Hochelaga lectures given in 2001Text on the law of restitutionDOI: 10.1093/ojls/22.1.1ISBN: 1464-3820Analysis of Alfred McAlpine caseISBN: 1472-9342ISBN: 0023-933X
English Private Law, Contract, Unjust Enrichment, Tort, Remedies, Statute Law
Options taughtContract, Tort, Commercial Law, Restitution of Unjust Enrichment