Peter Brian Herrenden Birks (3 October 1941 – 6 July 2004) was the Regius Professor of Civil Law at the

University of Oxford The University of Oxford is a collegiate university, collegiate research university in Oxford, England. There is evidence of teaching as early as 1096, making it the oldest university in the English-speaking world and the List of oldest un ...

from 1989 until his death. He also became a

Fellow of the British Academy Fellowship of the British Academy (post-nominal letters FBA) is an award granted by the British Academy to leading academics for their distinction in the humanities and social sciences. The categories are: # Fellows – scholars resident in t ...

in 1989, and an honorary

Queen's counsel A King's Counsel (Post-nominal letters, post-nominal initials KC) is a senior lawyer appointed by the monarch (or their Viceroy, viceregal representative) of some Commonwealth realms as a "Counsel learned in the law". When the reigning monarc ...

in 1995. He was a

Fellow A fellow is a title and form of address for distinguished, learned, or skilled individuals in academia, medicine, research, and industry. The exact meaning of the term differs in each field. In learned society, learned or professional society, p ...

All Souls College, Oxford All Souls College (official name: The College of All Souls of the Faithful Departed, of Oxford) is a constituent college of the University of Oxford in England. Unique to All Souls, all of its members automatically become fellows (i.e., full me ...

. He is widely credited as having sparked academic enthusiasm for the English law of

Restitution Restitution and unjust enrichment is the field of law relating to gains-based recovery. In contrast with damages (the law of compensation), restitution is a claim or remedy requiring a defendant to give up benefits wrongfully obtained. Liability ...

, and is often considered to have been one of the greatest English legal scholars of the 20th century. In his obituary, he was described as "a key figure in the extraordinary development of the law of restitution in the last 45 years".

Career

Birks was educated at

Chislehurst and Sidcup Grammar School Chislehurst and Sidcup Grammar School is a mixed sex education#UK, mixed-sex grammar school with Academy (English school), academy status located in Hurst Road (A222 road, A222), Sidcup in the London Borough of Bexley, England. It is located a ...

, went up to

Trinity College, Oxford Trinity College (full name: The College of the Holy and Undivided Trinity in the University of Oxford, of the foundation of Sir Thomas Pope (Knight)) is a Colleges of the University of Oxford, constituent college of the University of Oxford in E ...

and subsequently obtained a master of laws from the Faculty of Laws at

University College London University College London (Trade name, branded as UCL) is a Public university, public research university in London, England. It is a Member institutions of the University of London, member institution of the Federal university, federal Uni ...

. Birks was also the first general editor of ''English Private Law'', a book which sought to summarise and rationalise the entire scope of English private law, in accordance with Birks' own passionate belief for order and characterisation within a discipline (law) which he regarded as too eclectic and inconsistent. He also wrote ''An Introduction to the Law of Restitution'' and ''Unjust Enrichment'', and wrote some 142 contributions to legal reviews. In '' Woolwich Building Society v Inland Revenue Commissioners'' the

House of Lords The House of Lords is the upper house of the Parliament of the United Kingdom. Like the lower house, the House of Commons of the United Kingdom, House of Commons, it meets in the Palace of Westminster in London, England. One of the oldest ext ...

substantially adopted the reasoning set out in an academic essay by Birks, described in the judgment of

Lord Goff Robert Lionel Archibald Goff, Baron Goff of Chieveley, , QC (12 November 1926 – 14 August 2016) 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 kno ...

as "powerful". Birks was elected a foreign member of the

Royal Netherlands Academy of Arts and Sciences The Royal Netherlands Academy of Arts and Sciences (, KNAW) is an organization dedicated to the advancement of science and literature in the Netherlands. The academy is housed in the Trippenhuis in Amsterdam. In addition to various advisory a ...

in 2001.

Biography

Peter Birks arrived at his Kent grammar school (Chislehurst and Sidcup) in 1957 after a year at Repton and after spending his childhood in India. His daughter is the model

Laura Bailey Laura Bailey (born May 28, 1981) is an American voice actress. She made her voice acting debut as Trunks (Dragon Ball), Kid Trunks in the Funimation dub of ''Dragon Ball Z'' and has since voiced List of Gunslinger Girl characters#First Generati ...

. Birks died of cancer, aged 62, on 6 July 2004.Obituary: Peter Birks , Education , The Guardian
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Bibliography

;Books *''An Introduction to the Law of Restitution'' (

Oxford University Press Oxford University Press (OUP) is the publishing house of the University of Oxford. It is the largest university press in the world. Its first book was printed in Oxford in 1478, with the Press officially granted the legal right to print books ...

, 1988) *''Unjust Enrichment'' (Clarendon, 2004) *''English Private Law'' (OUP, 2000) *''Restitution: The future (Federation Press, 1992)'' ;Articles *'Before We Begin: Five Keys to Land Law', in S Bright & J Dewar, ''Land Law: Themes and Perspectives'' (OUP 1998) 457-86
Compulsory Subjects: Will the Seven Foundations ever Crumble?

995 Year 995 (Roman numerals, CMXCV) was a common year starting on Tuesday of the Julian calendar. Events By place Japan * 17 May - Fujiwara no Michitaka (imperial regent) dies. * 3 June: Fujiwara no Michikane gains power and becomes Rege ...

1 Web JCLI
The Implied Contract Theory of Quasi-Contract: Civilian Opinion Current in the Century before Blackstone
(1986) 6(1) OJLS 46–85

References

External links

Jack Beatson, 'Peter Birks' (Obituary), ''The Guardian'' (16 July 2004), accessed 18 August 2009

Obituary from the Oxford Comparative Law faculty
*
Peter Birks Memorial Fund
{{DEFAULTSORT:Birks, Peter Alumni of Trinity College, Oxford Fellows of Trinity College, Oxford Fellows of Brasenose College, Oxford Fellows of All Souls College, Oxford 1941 births 2004 deaths English legal scholars English King's Counsel 20th-century King's Counsel Academics of University College London Alumni of University College London Academics of the University of Edinburgh Academics of the University of Southampton Deaths from cancer in the United Kingdom Fellows of the British Academy Regius Professors of Civil Law (University of Oxford) People educated at Chislehurst and Sidcup Grammar School Members of the Royal Netherlands Academy of Arts and Sciences Honorary King's Counsel 20th-century English lawyers Alumni of the UCL Faculty of Laws