Is the letter of 14 September 2011 admissible as an appeal against the order admitting future evidence?
No. Decisions admitting future evidence follow the same appeal regime as other instructional measures, and such an admission causes no irreparable harm.
The court held that, by analogy with other provisional/instructional measures, an immediate appeal is not justified for an order granting future evidence. Even if the filing were treated as an ordinary remedy, the challenged admission would not cause irreparable prejudice.