Lord Burrows | |
|---|---|
| Justice of the Supreme Court of the United Kingdom | |
| Assumed office 2 June 2020 | |
| Monarch | Elizabeth II |
| Preceded by | Lord Wilson |
| Personal details | |
| Born | 17 April 1957 |
| Education | Prescot Grammar School |
| Alma mater | Harvard University Brasenose College, Oxford |
Andrew Burrows, Lord Burrows, QC (born 17 April 1957 [1] ) is a Justice of the Supreme Court of the United Kingdom, Professor of the Law of England and senior research fellow at All Souls College, Oxford. His work centres on private law, and is the main editor of the compendium English Private Law, the convenor of the advisory group that produced A Restatement of the English Law of Unjust Enrichment as well as textbooks on English contract law. He was appointed to the Supreme Court of the United Kingdom on 2 June 2020.
Burrows was educated at Prescot Grammar School and Brasenose College, Oxford, where he received his MA (First Class, Martin Wronker Prize for the best result in Law Finals 1978) and took the BCL (First Class) [2] . He then studied for an LL.M. degree at Harvard University. He was a lecturer at the University of Manchester from 1980 to 1986, at Lady Margaret Hall from 1986 to 1994, a visiting Professor at Bond University and research fellow at ANU in 1994, and a Law Commissioner for England and Wales from 1994 to 1999. He was then appointed as the Norton Rose Professor of Commercial Law at St Hugh's College, Oxford, before his present position at All Souls. From 2015 to 2016, he was President of The Society of Legal Scholars. In 2015 he was elected as an Honorary Fellow of Brasenose College. [3]
In private practice, Burrows is a door tenant of Fountain Court Chambers, London. He has appeared in a number of court cases, and was appointed an honorary QC in 2003.
Burrows' work has proved particularly popular amongst judges, with Baroness Hale, President of the Supreme Court of the United Kingdom, commenting that "there are few, if any, legal scholars whose writings are more frequently cited in our courts" [4] .
Burrows took up appointment as a Justice of the Supreme Court of the United Kingdom on 2 June 2020. He is the first Justice to be appointed direct out of academia. [5]
In jurisdictions following the English common law system, equity is the body of law which was developed in the English Court of Chancery and which is now administered concurrently with the common law.
Mary Howarth Arden, Baroness Mance,, known professionally as Lady Arden of Heswall, is an English judge.
The forms of action were the different procedures by which a legal claim could be made during much of the history of the English common law. Depending on the court, a plaintiff would purchase a writ in Chancery which would set in motion a series of events eventually leading to a trial in one of the medieval common law courts. Each writ entailed a different set of procedures and remedies which together amounted to the "form of action".
In contract law, unjust enrichment occurs when one person is enriched at the expense of another in circumstances that the law sees as unjust. Where an individual is unjustly enriched, the law imposes an obligation upon the recipient to make restitution, subject to defences such as change of position. Liability for an unjust enrichment arises irrespective of wrongdoing on the part of the recipient. The concept of unjust enrichment can be traced to Roman law and the maxim that "no one should be benefited at another's expense": nemo locupletari potest aliena iactura or nemo locupletari debet cum aliena iactura.
The law of restitution is the law of gains-based recovery. It is to be contrasted with the law of compensation, which is the law of loss-based recovery. When a court orders restitution it orders the defendant to give up his/her gains to the claimant. When a court orders compensation it orders the defendant to pay the claimant for his or her loss.
Graham John Virgo is an English legal academic and barrister. Since 2018, he has been Senior Pro-Vice-Chancellor at the University of Cambridge. He is concurrently Professor of English Private Law at the University of Cambridge and a Fellow of Downing College, Cambridge. His work is often cited both in the English courts and those of other common law jurisdictions. He is known for being among the leading academic voices in developing the law of restitution, and for his contributions to the teaching of law.
In American jurisprudence, the Restatements of the Law are a set of treatises on legal subjects that seek to inform judges and lawyers about general principles of common law. There are now four series of Restatements, all published by the American Law Institute, an organization of judges, legal academics, and practitioners founded in 1923.
Peter Brian Herrenden Birks was the Regius Professor of Civil Law at the University of Oxford from 1989 until his death. He also became a Fellow of the British Academy in 1989, and an honorary Queen's counsel in 1995. He was a Fellow of All Souls College, Oxford. He is widely credited as having sparked academic enthusiasm for the English law of Restitution, and is often considered to have been one of the greatest English legal scholars of the 20th century.
Robert Lionel Archibald Goff, Baron Goff of Chieveley, was an English barrister and judge who was Senior Lord of Appeal in Ordinary, the equivalent of today's President of the Supreme Court. Best known for establishing unjust enrichment as a branch of English law, he has been described by Andrew Burrows as "the greatest judge of modern times". Goff was the original co-author of Goff & Jones, the leading English law textbook on restitution and unjust enrichment, first published in 1966. He practised as a commercial barrister from 1951 to 1975, following which he began his career as a judge. He was appointed to the Judicial Committee of the House of Lords in 1986.
Charles Christopher James Mitchell QC (Hon) is a British legal scholar acknowledged as one of the leading common-law experts on the English law of restitution of unjust enrichment and the law of trusts. He is the author of two leading textbooks and one practitioner's book. He is currently Professor of Law at University College London and Senior Associate Research Fellow at the Institute of Advanced Legal Studies.
Paul Lyndon Davies QC, FBA is Allen & Overy Professor of Corporate Law Emeritus at the University of Oxford, Emeritus Fellow of Jesus College, Oxford and Emeritus Professor of Law at the London School of Economics, where he was the Cassel Professor of Commercial Law from 1998 to 2009.
The English law of unjust enrichment is part of the English law of obligations, along with the law of contract, tort, and trusts. The law of unjust enrichment deals with circumstances in which one person is required to make restitution of a benefit acquired at the expense of another in circumstances which are unjust.
The English law of Restitution is the law of gain-based recovery. Its precise scope and underlying principles remain a matter of significant academic and judicial controversy. Broadly speaking, the law of restitution concerns actions in which one person claims an entitlement in respect of a gain acquired by another, rather than compensation for a loss.
Ewan Gordon McKendrick is Professor of English Private Law at the University of Oxford. He is known for his academic work on the law of contract, as well as publications in the law of unjust enrichment and commercial law.
David Maxwell Walker was a Scottish lawyer, academic, and Regius Professor of Law at the University of Glasgow.
Sir Jack Beatson,, was a Lord Justice of Appeal from January 2013 to February 2018 when he became a full-time arbitrator at 24 Lincoln's Inn Fields. He was previously a High Court judge in the Queen's Bench Division, a Law Commissioner and Rouse Ball Professor of English Law at the University of Cambridge.
George Andrew Midsomer Leggatt, Lord Leggatt is a Justice of the Supreme Court of the United Kingdom, the highest level of judge in the courts of England and Wales.
A Restatement of the English Law of Unjust Enrichment is a legal treatise by Andrew Burrows, written in collaboration with an advisory group of academics, judges and practitioners. The treatise takes the form of a restatement that is akin to the American Law Institute's highly influential Restatements of the Law. Restatements are very rare in common law jurisdictions other than the United States.
James Joshua Edelman has been a justice of the High Court of Australia since 30 January 2017, and is a former justice of the Federal Court of Australia and the Supreme Court of Western Australia. He is noted for his various achievements at a young age, including becoming a professor at Oxford University before the age of 35 and a justice of the Supreme Court of Western Australia before the age of 40. He was 43 years old upon commencing his appointment on the High Court and is eligible to continue until reaching the constitutionally required retirement age of 70 in 2044.
Goff and Jones on the Law of Unjust Enrichment is the leading authoritative English law textbook on restitution and unjust enrichment (ISBN 978-1847-039101). First written by Robert Goff and Gareth Jones, it is presently in its ninth edition. It is published by Sweet & Maxwell and forms part of the Common Law Library.
