Key legal question
Whether the criminal proceedings for negligent grievous bodily harm had to be discontinued because no breach of duty of care could be established regarding the guardrail.
Extracted holding
The authorities could find no actionable duty to adapt the guardrail, and the evidence did not show an intolerable risk requiring modification.
Extracted reasoning
No legal or formal decision required adaptation; later standards did not automatically create a duty to retrofit existing structures; the guardrail still offered sufficient protection in the ordinary use of the esplanade by an adult.