I was going to take legal action against Tom, but he is now sending out refunds at a reasonable pace so I have put that on hold. Obviously if I don't receive a refund in what I consider a "reasonable" time frame, I will resume my plans for legal action.
I'm continuing with my plans. I've got friends in the legal industry who owe me favours so luckily I don't have to pay.
Legal action takes a lot of time to get everything in order, so I don't see any reason why I should stop. Yes others have received their refunds but my legal action exists to recover my funds, not theirs.
It's easy enough for me to say "OK Call it off" when/if I receive my refund... but it's hard to jumpstart a few weeks worth of work if it turns out the refund never made it.
FWIW I'm order #764 and still have no BTC refund.