The Filing Of A Third Party Notice In Class Actions

A recent Supreme Court judgement handed down in the framework of MCA 5635113 (Coral-Tel v. Avihu Raz and three others) had put an end to an ongoing discussion in Israeli Courts concerning the possibility of filing Third Party Notices in Class Action claims. This judgement has a significant influence on the handling of the defence against a motion to certify a claim as a Class Action, as will be detailed below.

The Facts:

Coral-Tel Ltd., (hereinafter: Coral) operates a website which serves as an online message board. The website allows users to publish ads and includes a virtual telephone number in order to protect their privacy.  The caller contacts the virtual number and is then transferred to the publisher's actual phone number.