The Court of Appeal ordered a retrial and that trial was due to begin when their lawyers asked for the charge to be put to them again.
But the court allowed for the possibility of a retrial of Florence Cassez, 37, saying there were violations in the case.
Ali Dizaei is facing a retrial at Southwark Crown Court accused of misconduct in a public office and perverting the course of justice.
But the following year the Court of Appeal reversed the ruling, resulting in a retrial before a different High Court judge.
The Supreme Court judges did not order her retrial Tuesday on a charge of defamation.
The Court of Appeal will not make a ruling on whether there is to be a retrial until 7 January.
The financier, who has swapped his Czech citizenship for Irish, failed to appear in a court in Plzen, a provincial city, on March 17th to testify in the retrial of a former secret-service agent, Vaclav Wallis.
Mrs May took the case to the Court of Appeal after judges ruled last November Abu Qatada could not be deported to Jordan for a retrial over alleged involvement in terrorism plots.
She also said the Court of Cassation's ruling, which threw out his conviction by the military tribunal and ordered a retrial at a civilian court, was "ridiculous".
The Appeal Court's decision that Junior Bayode, who was found guilty of manslaughter, will not face a retrial for murder marks the end of a prosecution that revealed how tensions between youths could spiral out of control in the heart of the capital.
"I think it is very likely we will seek a retrial, but we will of course consider the position, " Mr Lofthouse told the court.
BBC: Alfie Meadows: Student protest jury fails to reach verdict
But last year, the Court of Appeal ruled new scientific doubts over the evidence meant the conviction had to be quashed and ordered a retrial.
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