Rogano: The complex legal wrangle between Glasgow's oldest restaurant and Spain's richest man

Rogano was active on social media and posting about future plans. Then between December 2020 and January 2021 Something changes. After a period of silence it became clear in court document that damage to the restaurant left it unable to reopen. The ramifications are now the subject of a protracted legal action between a Glasgow business family and Spain’s richest man.

Zara clothing chain founder Amancio Ortega, estimated to be worth £90billion, owns the building that is home to Rogano through his family investment firm, Pontegadea. Lynn and James Mortimer have operated Rogano since 2006 when they bought the restaurant for £6 million through Forthwell Ltd. Scotland’s highest civil court heard last year that “substantial damage” was caused to the restaurant due to flooding on three different occasions between December 9 2020 and January 10 2021.

Why the owner of the building has not yet made an insurance claim to reinstate the restaurant so their tenant can reopen is an argument for another day. The legal wrangle that is scheduled to reach the UK Supreme Court is over loss of income caused by their inaction.

Forthwell Ltd, with Lynn Mortimer among the directors, raised an action last year in the Court of Session, arguing that landlord Pontegadea UK Ltd has breached its obligation to maintain Rogano and allow it to trade. Forthwell Ltd now wants the Supreme Court to rule that Pontegadea should provide repairs at the premises to allow it to re-open while paying £789,000 to cover loss of profits.

The reason this case has made its way to the highest court in the land is due to competing narratives about contract law. Enter into the arena, Lynnet Leisure, the Mortimer family company that operated venues including Rogano, 29 Private Members Club, One up and Citation.

Rogano restaurant was operated by Lynnet Leisure on a licence agreement for a fee of £1 a year. Pontegradea argue that, as their tenant is Forthwell Ltd, then losses incurred by the company would be a pound a year. The landlord will argue in court that it has no direct contractual arrangements with Lynnet Leisure.

Once there is a ruling on any compensation, the legal tussle will then revert back to the courts in Scotland where the responsibility for reinstating the restaurant can be settled once and for all.

It’s heyday was arguably from the 1980s through to the early 2000s yet Rogano remained immune from passing trends and fad. A restaurant that continued to maintain a following and a mystique. Anthony Bourdain visited for lobster with Janey Godley for an episode of his Parts Unknown series in 2012.

Rogano was considered the oldest surviving restaurant in Glasgow. While it was open, students from the Glasgow School of Art would visit regularly to maintain the wallpaper and historic fixtures. It was a time capsule of local hospitality. I took some French food writers there in the summer of 2018 and they were charmed by their surroundings but the seafood and fish menu was starting to feel lacklustre.

Rogano was reinvigorated a year later with the appointment of Martin Connor as head chef and the introduction of a progressive menu that elevated some of their signature dishes and added some flair back to the kitchen. There was hope of a wider revival while a long-standing and occasionally starry clientele carried on regardless.

My last visit was on 5 March 2020 when I had lunch at Rogano with my parents: “It’s an immersive experience, placing yourself in a room that stands at a particular point of time while still embracing modern Glasgow hospitality. Henry Kissinger, Elizabeth Taylor, Bob Dylan and Rod Stewart are among the luminaries who have dined here. Not all at the same time. Had they arrived en masse, there would have been a serious discussion about who would sit at the prized table 16.

“This is considered the best table at Rogano as you have a sweeping view of the restaurant, and with the aid of mirrors you can see what’s going on behind you at the door. Should you, a visiting celebrity or a tired shopper, wish to avoid anyone at the entrance, there’s convenient access to the back door nearby. As we begin lunch, there’s an elevated sense of presentation, a spirit of innovation rather than a definitive pivot in a particular direction. More to come, we sense. For the moment we are suitably impressed.” Two weeks later it was all stop for this nautical-inspired treasure.

Lynnet Leisure insist Rogano will reopen. As the legal wrangle continues, the city may have moved on. Regular visitor to the city Rod Stewart called neighbouring restaurant Glaschu "the new Rogano". Other stylish dining rooms are available for seafood, champagne and celebrities. Rogano no longer has a monopoly on that experience. I have asked to visit to see what remains of the Art Deco features after the flood damage. Only time will tell if there is much left to save apart from legacy.

The site remains sealed behind wooden panels with the outside sign removed. Despite the Herculean journey through the courts, the time may come to turn a page on this hospitality story, although, Glasgow always likes a good comeback.