Anthony Metzer KC represented the family of Philip and Elaine Marco in an inquest that began on 17 November 2025, who tragically drowned on 26 August 2023 after their vehicle became submerged in deep floodwater beneath a railway bridge in Liverpool.
Held at Liverpool & Wirral Coroner’s Court, the inquest examined not only the immediate circumstances of the couple’s deaths but also the longstanding flood risks at this well-known hazard point, the extent of the authorities’ prior knowledge and the adequacy of steps taken to warn and protect the public.
The court heard detailed evidence about the history and characteristics of the road’s underpass. Expert witnesses confirmed that flooding has been a recurring danger since the 1920s due to the design of the road and its drainage infrastructure, with the risk heightened by decades of urbanisation, severe rainfall events and the effects of climate change. Four earlier incidents in a few months in 2023, including a significant flood on 8 July, had already demonstrated the danger to motorists. Evidence also revealed that a Section 19 investigation under the Flood and Water Management Act 2010 had been commissioned, at least in part, because of concerns about a risk to life.
Representatives from Liverpool City Council, the Highway Authority responsible, and United Utilities, the statutory undertaker for the sewer network, were questioned extensively. United Utilities accepted that limitations in the combined sewer system contributed to the flooding on the night of the incident. Liverpool City Council, however, maintained that they did not regard the road as presenting a risk to life and denied that warning signs or protective measures were required prior to the Marcos’ deaths.
A striking feature of the evidence was the complete absence of flood-warning signage at the underpass, despite its long-recognised vulnerability. Although the Council had discussed potential mitigation following earlier flooding in 2023, no temporary or permanent measures had been implemented by 26 August.
In a narrative conclusion, the Coroner found that the deaths were the result of misadventure. He found that sudden and extreme rainfall had overwhelmed the combined sewer system, causing a rapid and violent rise in water that engulfed the Marcos’ vehicle. Crucially, he also determined that the longstanding and well-documented flood risk, combined with the absence of any warning signage, materially contributed to the fatalities. He expressly rejected the suggestion that the danger was unforeseeable or that the authorities could not have appreciated the risk to life.
The inquest has highlighted the importance of identifying and acting upon known risks on the highway and of ensuring that road users are properly warned where dangers are present. For the Marco family, the coroner’s conclusions provide recognition that these tragic deaths occurred in circumstances that were known, predictable and ultimately preventable and will assist in the civil claim to be initiated shortly.
Related barristers: Anthony Metzer KC
Related practice areas: Inquests and Inquiries
