We will not know have to go to court tomorrow or in December. Instead the case will go back to Ruth Kelly for a new decision. This of course can and will more then likely be a yes again, only with different wording.
But it may mean that they just agree to it going straight back to the ODPM. That would have been the outcome anyway, so they have saved themselves the possibility of paying costs. It will not stop them from asking for a Judical Review when the new decision is released.