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An apparent attempt by a multi-millionaire property mogul to sue a You-Tuber from Somerset ended bizarrely when the claim was found to have "no basis in law" and had been made by his wife.

Property mogul Fergus Wilson, 69 and from Kent, attempted to claim £9,999 from Danny Hyde, 29, from Glastonbury, over a video he believed to be "grossly offensive" and breaching the 1988 Malicious Communications Act.

The video was posted in response to claims which saw Mr Wilson found to be in breach of the equality act with his policy on who could let his properties. This included prohibiting “coloureds”.

In a hearing at Yeovil County Court, Mr Hyde was represented by Gerard Clarke from Blackstone, one of the country's top law chambers, on a pro bono basis, because the case concerned freedom of speech.

Mr Clarke branded the claim "hopeless and vexatious" and said the claimants were "wealthy individuals who appear to be trying to...oppress an impecunious defendant."

He told the court: "Mr Hyde made a discourteous video which was accurate. He made disparaging comments but the law allows crude and vulgar language.

"It's a bit lame, there are some schoolboy insults and it's not his best video, but it is not against the law."

Dismissing the case, district judge Davis said: "I have to say it'd be hard to think of a case better suited to be struck out. This claim has no justifiable basis in law."

He said matters connected to the Malicious Communications Act could not be heard at a county court.

Papers submitted to the court named Mr Wilson's wife, Judith, as the claimant.

Why did Mr Hyde say Fergus Wilson “looks like a racist” in his video? Mr Wilson sent an email to a letting agency saying he did not want coloured people occupying his properties. His email read: “No coloured people because of the curry smell at the end of the tenancy.” It was also disclosed to a court that he refused to rent to plumbers and single parents. He also previously issued a ban on “battered wives”. The landlord made £250 million selling his property empire to investors in 2015. In November, Maidstone County Court found that Wilson's ban of non-white tenants was unlawful as it breached section 12 of the 2010 Equality Act. In court, Mr Wilson denied he was a racist and told the court he was one of the few landlords who would take black tenants. At first he insisted he was joking about the ban in his email to the letting agent. He later defended it, saying it was put in place on economic, not racial, grounds due to the costs of cleaning properties left with curry smells. An injunction was granted, banning him from applying criteria discriminating against "coloured" tenants or those of Indian or Pakistani backgrounds. It will remain in place for three years and he was also ordered to pay costs of £2,665, if Mr Wilson complies with the ruling, no further action will be taken. If he were to persist with the policy, it may be considered contempt of court and he could be fined.

Neither Mr Wilson nor his wife was present at the hearing on Wednesday (January 31).

Representing them was Miss Cordon, who told the court she was neither a barrister nor solicitor and expected a hearing in chambers.

She said there was nothing she could say on the case without instructions.

Mrs Wilson was ordered to pay £3,000 in legal fees which will go to legal access charities.

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