An incorrect union of parties or of causes of action in a procedure in criminal or civil court.
In UK law, misjoinder refers to a procedural error that occurs when a party is incorrectly joined in a legal action, typically as a defendant. This may happen when individuals or entities are improperly included in a lawsuit, either because they are not directly involved in the dispute or because they should have been joined as separate parties. Misjoinder can lead to confusion, inefficiency, and unnecessary complexity in legal proceedings. Courts have the authority to address misjoinder by dismissing improperly joined parties or by ordering the correction of the error through procedural means. It is essential for legal practitioners to carefully consider the appropriate parties to include in a lawsuit to avoid misjoinder and ensure the proper administration of justice.
n. the inclusion of parties (plaintiffs or defendants) or causes of action (legal claims) in a single lawsuit contrary to statute. Reasons for a court ruling that there is misjoinder include:
- a) the parties do not have the same rights to a judgment;
- b) they have conflicting interests;
- c) the situations in each claim (cause of action) are different or contradictory; or
- d) the defendants are not involved (even slightly) in the same transaction.
In a criminal prosecution the most common cause for misjoinder is that the defendants were involved in different alleged crimes, or the charges are based on different transactions.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 29th March 2024.
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