The Administrative Court (one of the High Courts) has certified two questions on points of law, for the House of Lords (the highest Court in the the United Kingdom) to consider.
The House of Lords is not automatically bound to consider this final appeal, e.g. they chose not to do so in the case of the the NatWest 3 bankers
Media statement from Gary's solicitors Kaim Todner:
We are pleased to report that the Administrative Court have certified two questions of being of public importance in the case of Gary McKinnon. These questions relate to the diplomatic note confirming that Mr McKinnon will not be treated as a terrorist under Military Order No. 1 by the American Government and secondly the conduct of the American Government in offering Mr. McKinnon a plea bargain but only on the basis that if he did not accept it he would subsequently not be repatriated if extradited to the USA.
We will now be applying for leave to the House of Lords for these points to be argued in full.
Kaim Todner LLP