Two judges attempted to speed matters up by listing it for a hearing in July.
They acted after hearing that the Home Secretary is ''considering afresh'' whether Asperger's sufferer McKinnon should be extradited to the US to face trial for hacking into top secret US military computers in 2002.
Edward Fitzgerald QC, appearing for McKinnon, told the judges it was hoped Theresa May would now block US government extradition moves so there would be no more need for court action.
The evidence of medical experts before her showed McKinnon, 45, was ''suffering from a serious mental disorder and there is a serious risk of suicide if extradited''.
Mr Fitzgerald said of the marathon case: ''We hope it will never come back to court.''