No, and I also think Barton could get away with the 'I'm just a thicko jack the lad having a bit of banter' in a way that Fox can't. You're right that Fox was worse because people are more likely to believe it of 2 gay men they've never heard of than of Jeremy Vine.
It's one of the nastiest things you can say to a man though and because we now know that the likes of Saville and Harris offended in plain sight these type of playground slurs perhaps carry more weight, and consequently personal upset, than they once might.
Barton is a lot dimmer than Fox but I'd be surprised if he has the money or stomach for a court case. He has the mentality of a teenager so it's probably just a question of how embarrassing the apology is going to be.