Question juridique clé
Whether the cantonal refusal to order a second future expert report was immediately appealable despite the absence of irreparable harm.
Solution extraite
The refusal was an incidental evidentiary decision in ongoing future-evidence proceedings and caused no irreparable legal prejudice because the issue could still be raised in the later merits action.
Motifs extraits
The applicant could still request the evidence in the future main proceedings; the situation therefore did not meet Art. 93(1)(a) LTF. The federal court also held that a party has no protected interest in a future-evidence expert report to assess litigation chances where an apt expert report already exists.