Disambiguation by title when surnames but not forenames the same

It’s common in legal references to require that the name is cited exactly as on the article. So I might have

N 1: Peter Birks, ‘1’; PBH Birks, ‘2’; P Birks ‘3’.

If I set Endnote to use short citations for subsequent references, I can have either

N 3: Birks; Birks; Birks.

Of if I switch on first names

N 3: Peter Birks; PBH Birks; P Birks.

Neither of these are OSCOLA-compliant. What I require is

N 3: Birks, ‘1’; Birks, ‘2’; Birks ‘3’.

Therefore the functionality requested is to disambiguate by reference title where the short form is surname-only and the output would be ambiguous.