Catching up with…Mark Burgess

Mark started his career in law as a paralegal at HFW London in 2000. Following a secondment to BNP Paribas (Suisse) SA in Geneva, Mark moved in-house to the bank permanently in 2006.  

Though as a child I’d always wanted to be a vet, I naturally found my path in Shipping; growing up in a port city – Cape Town – surrounded by the sea and harbour. I went to the University of Cape Town (UCT) and obtained an LLB in Maritime Law. At UCT I had the great fortune of studying under the tutelage of Professor John Hare who introduced me to Shipping Law. Though there was, and still is, significant Shipping expertise in Cape Town, I knew I wanted to work in London. John introduced me to Mike Stevens, then a senior Partner at HFW and through that connection I managed to secure a summer placement at the firm. One thing led to another and I then went on to take a Paralegal position at HFW. During this time the firm kindly supported me as I studied part-time to convert my South African law degree and thereafter I was fortunate to complete my traineeship with HFW and ultimately qualify with the firm.

I was excited to move to London from Cape Town. I still remember my first day at the firm. I recall getting off the tube at Tower Hill Station and seeing the Tower of London for the first time; it was a beautiful day, the sky was blue, and the feeling was electric! For me it was such a privilege to work in a place that was a historical focal point of the Maritime Industry. At the time, as many will recall, there was a strong South African presence in the London HFW Shipping team; there were strong links with the maritime hubs of Cape Town and Durban and working in London was a natural progression. I recall that part of the second floor of Marlow House used to be referred to as ‘Kruger Park’; there was even a sign that said, ‘Do not feed the animals!’ One of the then newly made-up Partners, Jonathan Webb took me under his wing and really helped me as a young lawyer arriving in the City. He introduced me to London House in Bloomsbury, (now Goodenough College) a collegiate halls of residence for postgrad students where he and others – including Hugh Livingstone, Marcus Bowman and Justin Draeger – had also lived while completing their studies in London. I lived there for three years whilst I completed my training, and my wife, and I were married in its chapel!

I recall a vibrant social scene amongst the mid-senior Associates who were very inclusive and welcoming to me as a paralegal/junior lawyer. We used to play softball in Hyde Park, touch rugby, and Damian Honey organised frequent cricket matches with P&I Clubs and various chambers. With the great enthusiasm of then Senior Partner, Roderic O’Sullivan, I re-established the Rugby 7s team which competed, with varying levels of success (and ringers) in the Lloyds and City Sevens tournaments. I am still in touch with many from HFW, which is a real testament to how warm, happy and dynamic my time there was.

Initially I thought I would go into Shipping Litigation but found my niche in transactional Shipping Finance. My training at HFW was diverse; I had sufficient time in each seat to get a feel for each department and build relationships with fee-earners and Partners across the firm. One of the most memorable cases I was involved with was during my seat in Ship Finance with Stephen Drury. It involved the scrapping of a well-known Brazilian Navy aircraft carrier which had started its life as a Royal Navy carrier launched shortly after WWII. Despite a valiant campaign by British naval associations to acquire the vessel and turn her into a floating museum, she was eventually sold for scrap and met her fate on the Alang beaches. Besides being a historically fascinating matter, this was just an indication of the varied work that a junior lawyer could encounter at HFW.

Shortly after I qualified – through then BNP Paribas Relationship Partners, Jonathan Campbell and Janet Butterworth – I was fortunate to be offered the chance to do a six-month secondment to BNP Paribas (Suisse) SA in Geneva working in Commercial Ship Finance. The experience was a real eye-opener and a great opportunity to obtain experience in the commercial, in-house sector. One of my co-secondees during that time was a certain HFW Partner, Olivier Bazin!

I returned to HFW for a year but then a permanent position became available at BNP Paribas. I was interested in going in-house and Geneva was an appealing place to live for my wife and I. In 2006 I re-joined the same team that I had been seconded to at BNP Paribas. I was the lawyer responsible for Ship Finance transactions. Initially my practice involved Commercial Ship Finance – tankers, cargo ships, cruise ships – until this business relocated to our Paris office. About two years in, I got more involved with Syndicated Trade and Commodity Finance. My in-house legal activity then gravitated to more private client work, in private jet and superyacht financing which I’m now responsible for. From our jet and yacht-financing hub in Geneva, I currently work with high net-worth clients across Asia, UAE and Europe. Yacht financing has been my favourite area during my time in the bank, particularly working on enforcement situations that are strategic, unpredictable and that require you to move quickly to protect the bank’s position. They also test the strength of your legal documents!

Surprisingly the transition from private practice to in-house was easy. Much like HFW, the legal team at the bank was very intimate and collegiate. My six-month secondment meant that I was already familiar with everyone on the team. My advice to anyone considering moving in-house to a large corporate would be to think carefully about what you want to achieve in your legal career. The primary difference is that private practice tends to be more entrepreneurial with more ability: (i) to carve out your own practice area, (ii) to direct how you develop your speciality(ies) and client base; and (iii) to benefit from a more defined career path. You work in smaller teams towards a common goal. Working in-house on the other hand, you often work alone but alongside a specific business team thereby getting to understand the business-side more closely and being exposed to a significant variety of different products and work-streams.

The key challenges currently facing the banking sector are complex but could be summarised as: increasing regulatory and compliance pressures; market competition particularly from FinTechs; pressures on revenues and profits with a legacy of historically low interest rates, increasing costs and the uncertainties brought about by the COVID 19 crisis; and the need to innovate to stay competitive.

When looking for external law firms, we look first for expertise especially in such a niche market as jet and superyacht finance where a ‘safe pair of hands’ is important. Additionally, costing is a critical driver. A firm’s sustainability and D&I values are also important to our Panel selection process. Finally, we look to the relationship we have with the Partners or Associates involved, and the importance that that law firm places on strengthening the connection with BNP Paribas.

Outside of work, I’m married to Cassandré and we have three sons (who are all Boy Scouts) as well as a dog and three guinea pigs! Our weekends involve kids’ rugby tournaments, a lot of camping and walking, and in the winter, we enjoy skiing in the nearby French Alps.