and former tech billionaire elizabeth holmes — founder of the health company theranos — is found guilty of fraud over her failed blood testing technology. the language is extraordinarily broad and this is the type of very broad language that lawyers sometimes think is going to be helpfulfor them but often it actually result in finding that a provision is invalid because it is in fact too broad. prince andrew was adamant in his 2019 newsnight interview he has no memory of any contact with ms giuffre. you can say categorically that you don't recall meeting virginia roberts, dining with her, dancing with her at tramp or going on to have sex with her in a bedroom in a house in belgravia? i can absolutely, categorically, tell you it never happened. - do you recall any kind of sexual contact with virginia roberts, then or any other time? none whatsoever. there might not be an outcome today from the hearing but prince andrew's lawyers will be hoping the case can be stopped in its tracks. otherwise it opens the door to a phase of more evidence gathering, investigations, and public scrutiny and the possibility of prince andrew facing questions in an unprecedented civil trial in new york. sean coughlan, bbc news. let's talk to our royal correspondent, nicholas witchell. this is a huge moment for prince andrew and his legal team. it absolutely is. the months of the phoney war, if you like, if when he tried to ignore this, evade the service of court papers, that is all over. , ., ., , ., , service of court papers, that is all over. , ., .,, ., over. there is no a sharp collision with reality- _ over. there is no a sharp collision with reality. in _ over. there is no a sharp collision with reality. in a _ over. there is no a sharp collision with reality. in a rather— over. there is no a sharp collision with reality. in a rather less - over. there is no a sharp collision with reality. in a rather less thanl with reality. in a rather less than an hour when there is a new york court begins its proceedings. it is a virtually hearing, the lawyers and the judge will be meet by video conferencing but one thing is prince andrew may choose to dial in to listen to proceedings. his lawyers will, of course, be arguing he is entitled to benefit from this 2009 agreement between virginia giuffre and jeffrey epstein in which they will claim virginia giuffre, in effect, signed away her right to pursue other potential defendants, that she granted immunity to people such as prince andrew. they will say he is entitled to be treated as a third party beneficiary, even though he is not specifically named in that action. they will say that in the claim that a virginia giuffre brought againstjeffrey epstein, she did refer specifically to royalty. no virginia giuffre's lawyers will argue vigorously, i'm sure, that this is not a sustainable argument, that this settlement published yesterday is far too widely drawn and cannot possibly be taken to grant the kind of immunity that andrew's lawyers will content it does. eitherway, this andrew's lawyers will content it does. either way, this is a very important and undoubtedly a very difficult moment for queen elizabeth's second son. if difficult moment for queen elizabeth's second son. if the rulin: elizabeth's second son. if the ruling does — elizabeth's second son. if the ruling does go _ elizabeth's second son. if the ruling does go his _ elizabeth's second son. if the ruling does go his way, - elizabeth's second son. if the ruling does go his way, we i elizabeth's second son. if the| ruling does go his way, we do elizabeth's second son. if the - ruling does go his way, we do not know when we will get it, but if it does go his way, what would it mean for prince andrew? is there a way for prince andrew? is there a way for him back into public life? i for him back into public life? i think people would find that for him back into public life? i think people would find that pretty difficult. it may come as you say, be some days before we get a willing, orwe be some days before we get a willing, or we may get one at the end of the proceedings today. we now know, in the case of prince andrew, he associated with notjust one, but two convicted ex—offenders. that is jeffrey epstein and ghislaine maxwell, who is clearly a friend —— convicted sex offenders. he brought them to bow model and so on. this has done, whatever the outcome, considerable damage to his reputation —— brought them to balmoral. if it is dismissed, people may think he has emerged on a technicality. i think it would be difficult for him to find a route back to public life. we know, for example, that many of the military regiments and other organisations with which he is associated really do not want to have anything more to do not want to have anything more to do with him. that is the reality. nick, thank you very much indeed. with omicron cases continuing to surge in the us and parts of europe, millions of pupils across england and northern ireland have gone back to school today. in england, secondary school students will have to take tests on—site before they return to the classroom, and masks are being re—introduced. our correspondent jayne mccubbin reports. bell rings this is bethany. this is kian. and this is what the start of a new term in england looks like. how was that for you, kian? disgusting and horrible. welcome back to school! no—one goes back to class without a negative test seen by barry. how many test results are you going to be analysing today? around about 1,000. that's a lot of kids. it is a lot of kids, yeah. ten minutes after the school bell rings, the first positive result is found by maureen. go and fetch this young lady out of the classroom, and she'll be sent home. she'll be sent home straight away? yes, straightaway. so, within minutes. that's the way it should be, isn't it? it is the impact of positive tests on staffing which is the biggest concern here. only three staff have called in with covid this morning, so we were able to manage the school normally with that, that's no problem at all. last term, though, very tricky? difficult last term, we had a number of illnesses, covid and non—covid related illnesses, about a third of the children were off with covid—related issues, so that was difficult. but we managed, we kept the school open, we kept all the children in lessons, and we aim to do the same thing again this term. this trust blew its supply teacher budget in the first term of this academic year. teaching unions say schools need more cash to cover the cost. but it's not the cost that worries this place, it's the chronic shortage of supply teachers. it's an ever—shrinking supply situation. we need to have high—quality, professional teachers in front of children to give them an excellent education, and they are not out there. they're not out there. in the devolved nations, the expectation is for secondary school kids to do these tests at home before coming back to class, and after that, twice a week from home in northern ireland and scotland, three times a week in wales. but for primary schools and early year settings, it is a different story. here at alexandra infants, there is no new testing, no new masks, but with four staff already off with covid there are familiar concerns. particularly with the age of the children and the number of adults with ratios, for example in the early years where our ratio is one to 13, it's very much being able to manage that and making sure we have adequate staffing to provide the education we need. great news, you're good to go, you can go back to lessons with your negative result. this is exactly what today is all about. this is the first and so far only positive test result at this academy in stoke. this young lady has now been sent home. and the rest of the children who tested negative are back in class and the hope is they stay there until the end of term. we are expecting the uk prime minister to give a downing street briefing alongside professor chris whitty and sir patrick vallance. that's at five o'clock uk—time. of course globally, millions of children have been forced out of education because of the pandemic. henrietta fore is the executive director of the un child ren�*s charity unicef. she says kids have been affected in a number of ways. it's notjust the learning itself, the education, learning how to read and write and do numbers, but it is also nutrition and health care and psychosocial support for mental health. it's multidimensional, and now that so many children are dropping into poverty, it is going to be very hard to bring them back simply. we will have to think of new and creative ways to do that. the united states has set a global record for covid cases, registering more than a million in a single day. with the omicron variant surging, some schools have delayed reopening after the christmas break. other measures include mask wearing, remote learning, and increased vaccination. let's speak to randi weingarten, president of the american federation of teachers. thank you very much indeed for being with us. the priority now, i guess, is just to keep schools open for as long as possible? the isjust to keep schools open for as long as possible?— isjust to keep schools open for as long as possible? the priority is to kee them long as possible? the priority is to keep them open — long as possible? the priority is to keep them open and _ long as possible? the priority is to keep them open and to _ long as possible? the priority is to keep them open and to keep - long as possible? the priority is to i keep them open and to keep people safe. and i think, you know, iwas listening to your programme before we started and the kind of in flex of a reflexive point of everyone taking a negative covid test before they walk into schools, we have fought for the last several weeks to make that a reality in the united states. and there are some districts who are doing that — like detroit and washington, dc in particular. new york city is trying to do that. la is trying to do that. and what you're seeing is that the surge of the virus is so great that it will force, and it is forcing, some schools and school districts to go to remote, even though everyone wants to be in person right now. there is not a teacher or parent or school administrator or union head who would not tell you that, of course, being in person is the best, and that is what we are trying to do, but the fight right now is with omicron and making sure that if people are sick, they stay home and isolate and that you have enough staff to be able to run a school and run a school safely. vaccines, boosters, ventilation, testing, driving this week and well fitting masks. �* , . ' driving this week and well fitting masks. , ., ., , driving this week and well fitting masks. , ., ., masks. and staff shortages as your lead to is one _ masks. and staff shortages as your lead to is one of _ masks. and staff shortages as your lead to is one of the _ masks. and staff shortages as your lead to is one of the key _ masks. and staff shortages as your lead to is one of the key problems, notjust in the united states but all around the world —— as you allude to there. there may not be enough of teaching staff because they are isolating or ill so there is not enough to teach the kids. part of the dilemma right now is that we have a world, the united states in particular where we are fighting each other rather than omicron and if people test positive, if they are sick, they have to stay home. and we have, for example in philadelphia, 1000 over the 13,000 educators were sick yesterday and so a 77 schools are on remote today. and we have to make sure that these schools are staffed well enough that the kids are safe. so the shortages and rate of infection is what is a closing or what is closing in person learning and are reverting to remote and we just have to have those contingencies, knowing full well that we all know that in person learning is the best, for all the reasons we know, for social. the social isolation issues, the feeding of kids, the learning is a really a cornerstone of communities throughout the world. it is for the uk, for the united states.- uk, for the united states. given that, “ust uk, for the united states. given that, just briefly, _ uk, for the united states. given that, just briefly, how _ uk, for the united states. given that, just briefly, how much - uk, forthe united states. given that, just briefly, how much damage to think has already been done in the last couple of years throughout this pandemic by school closures in the united states? you this pandemic by school closures in the united states?— this pandemic by school closures in the united states? you know, i get asked that question _ the united states? you know, i get asked that question often. - asked that question often. obviously, the pandemic has done tremendous damage because it has been disruptive for the last two years. we have a public health world right now and so i think what we need to do is think about what we're going to do to focus on how we help kids recover this year and next year. the most important thing is to make sure we have a safe and welcoming environments and where kids feel safe and welcome because if a child wants to feel safe and welcome —— feel safe and welcoming skill, that is a child who will learn. we have to think i we help kids recover this year and next year as opposed to coping and playing that tomorrow —— hoping and praying that tomorrow —— hoping and praying that tomorrow —— hoping and praying that tomorrow will be like january 2019. ., ~ ,., that tomorrow will be like january 2019. ., ~ that tomorrow will be like january 2019. ., . , , 2019. thank you so much, president ofthe 2019. thank you so much, president of the american _ 2019. thank you so much, president of the american federation - 2019. thank you so much, president of the american federation of - of the american federation of teachers. thank you for your time. let's look at some of the day's other covid news... the french prime minister is facing questions from mps over the government's handling of the coronavirus crisis. it comes as the french government move forward with a law to block unvaccinated people from hospitality venues. the authorities in the indian capital, delhi, have imposed a weekend curfew as covid cases continue to surge. staff have been told to work from home and businesses must operate at limited capacity. with only a month to go until the opening ceremony of the winter olympics, beijing is taking major steps to restrict access to the games site because of the omicron outbreak. from today, the high—speed train station in the mountains outside beijing is closed to the public. only special trains carrying those with olympic clearance will arrive. meanwhile, a second chinese city has gone into a full lockdown in an attempt to stop the spread of the omicron variant. our china correspondent robin brant has more on the new restrictions. the contrast of what life is like in a handful of cities across china today could not be more stark. in xi'an, home to 13 million people, they are two weeks into a lockdown. people cannot leave their homes. there are reports of bartering going on, people exchanging cigarettes for food, other things, for sanitary products and that is not going to change until the number of covid cases in the city of yuzhou, a bit closer to where i am, in the last 211 hours, a similar lockdown. people can't leave their houses, almost all vehicles are not allowed on the street and that's after they discovered just three asymptomatic cases. here in shanghai, it's a very different story. this is what most of china is like, it's business as usual. yes, you have to have a mask on when you go on the metro, you have your temperature taken, but the government says its zero covid strategy has achieved this for the last 18 months and that is a strategy that now includes things like this, a pop—up booster vaccination tent. you can win prizes as well but it also includes very harsh measures that can be imposed on a city in a matter of hours and that is what we are seeing in yuzhou. now, as the winter olympic games in beijing approach and also chinese new year, the mass migration of millions of people here, there is absolutely no evidence that china's government is going to change its mind. it remains committed to this zero covid strategy for the foreseeable future. robin brant, our china correspondent reporting there. the world tennis number one, novak djokovic, says he will go to australia this month to defend his open title. the serbian star, who's spoken out against coronavirus vaccines, received a medical exemption from having a covid—19 vaccination. australia has strict covid rules and there had been doubts about whether djokovic would take part in the tournament. our tennis correspondent, russell fuller is following developments. one possibility that i think is a real one, given that the omicron variant is so widespread around the world now, is that he has recently tested positive for covid. djokovic had covid for the first time around 18 months ago. if he had tested positive at any point in the last six months that enables you to defer your vaccination and to enter australia without having the vaccination proof. other reasons include inflammatory cardiac illness, or an acute major medical condition. it would seem unlikely that djokovic was suffering from either of those but we are none the wiser until, unless, he himself decides to tell us. elizabeth holmes was the youngest female tech billionaire in history. her start—up theranos was seen as a revolution in healthcare. now she faces decades in prison after a usjury found her guilty of conspiring to defraud investors. prosecutors said the 37—year—old knowingly lied about technology she said could detect diseases with a few drops of blood. our north america tech reporter james clayton has more. we'd like to see a world in which every person gets access to this type of basic testing. elizabeth holmes had a vision that turned her into a billionaire — that she could create a machine that she called the edison that could detect hundreds of diseases with just a few drops of blood. the pitch convinced some very important people. media tycoon rupert murdoch invested, bill clinton was a fan. behind me are theranos's former head offices. very plush, very expensive and in the heart of silicon valley. and the great and the good came to visit theranos. evenjoe biden came to california and heaped praise on the company. success seemed inevitable. this is my certificate for theranos, showing my shares and it was actually signed by elizabeth holmes. so, it's kind of a bit of history? it really is. a sad bit of history, but history nevertheless. eileen lepera was a secretary in silicon valley. she heard about this amazing new company. my boss had indicated that it was going to be, in his words, "the next apple" and that i should get as many shares as i could, and so i did. it was six figures, which was a large amount for me. what eileen didn't know was that the dream elizabeth holmes was selling was a nightmare. what eileen didn't know was that the dream elizabeth holmes was selling was a nightmare. the technology didn't work, but investors like eileen had no idea. elizabeth was in stealth mode, so that we had no idea whether it was going well or was on the brink of collapse. the retail giant walgreens had a contract with theranos to diagnose patients with its machines. however, the court heard that theranos wasn't using its edison machines, but was instead using openly available diagnostic equipment. i just really resent that somebody would make such a massive fraud, especially when so many people told her this isn't working. elizabeth holmes has argued at trial that she had always attempted to create a genuine product that worked, and that she never intended to commit fraud. what happened behind those closed doors has led to a lot of introspection here in silicon valley. but there's still a culture of faking it till you make it here, and until that changes, people worry that what happened in theranos could happen again. james clayton, bbc news. tyler shultz was the first theranos employee to blow the whistle, and it was at great personal cost, given his own grandfather, former secretary of state george shultz, was on the company's board. here he is explaining why he decided to speak out to our sister network cbs. it was a really, really tough to keep going, but i'm just extremely stubborn and i knew i was right and i was not going to lay down and say that i was wrong when i knew with 100% certainty that i was right. minn; 100% certainty that i was right. why do ou 100% certainty that i was right. why do you think — 100% certainty that i was right. why do you think that _ 100% certainty that i was right. why do you think that they believed her over you, someone who was on at the company and could see what was going on? why do you think people even closest to you did not believe you? well, elizabeth is a very, very charismatic person. when she speaks to you, she makes you feel like you're the most person in her world and she almost has this reality distortion field around her that people can get sucked into. even i when i was working with the product every single day, saying it failed time after time after time, i could go have a five minute conversation with elizabeth and feel like i was saving the world again. it's really a hard phenomenon to explain but she sucked a lot of people into that. that's well expressed. i think our viewers _ that's well expressed. i think our viewers should know it is notjust about _ viewers should know it is notjust about investors, people got bad results — about investors, people got bad results from this product, a woman who thought she had hiv, another who might— who thought she had hiv, another who might be _ who thought she had hiv, another who might be miscarrying a baby, so the stakes— might be miscarrying a baby, so the stakes are _ might be miscarrying a baby, so the stakes are huge for patients as well _ stakes are huge for patients as well. from your perspective, where you're _ well. from your perspective, where you're sitting, i'm really curious ahout— you're sitting, i'm really curious about the — you're sitting, i'm really curious about the personal really curious about the personal side of this. this is your grandfather, george schultz, a titan of the 20th century, former secretary of state, your relationship with him got really rocky. at one point you were communicating only through lawyers. what kind of cost did you face as an individual, as a grandson, in taking on this fight? yeah, that was extremely tough. this whole saga has taken financial, emotional tolls on my relationships and the toll that it took on my grandfather's relationship was probably the worst. i mean, it's tough to explain. i had a few very honest conversations with him. we ultimately did reconcile. he never quite apologised, but he at least admitted that i was right about what i saw and he congratulated me for doing the right thing and actually, in one of my last conversations —— the right thing. some breaking news from sweden, the kin- some breaking news from sweden, the king and _ some breaking news from sweden, the king and queen have tested positive for covid, _ king and queen have tested positive for covid, they have some mild symptoms— for covid, they have some mild symptoms and have both been vaccinated.— symptoms and have both been vaccinated. ., , , ., ., vaccinated. hello, because all of the uk last _ vaccinated. hello, because all of the uk last it — vaccinated. hello, because all of the uk last it feels _ vaccinated. hello, because all of the uk last it feels like - vaccinated. hello, because all of the uk last it feels like january. | the uk last it feels like january. with some strong winds and heavy snow showers, as you can about see here from aberdeen airport earlier, it is coming with a few problems. especially north of scotland, severe gales are going to continue through the rest of today, snow showers packing their way in, another five centimetres or more of snow in some areas. that cold air feeding south with further snow flurries in northern ireland, parts of wales and the south—west, any rain in the south and east gradually clearing away, but as we go into the evening, what a difference to what some of you went to work in. these are the temperatures at six o'clock. you have got to factor in the wind. 8—9 this morning for the morning commute in the south—east corner, but for the journey home it is going to feel like —1 but feeling even colder than that with the strongest of the winds in northern parts of scotland. the snow showers continue to pack in. the wind will abate a little bit as we go through into tonight, some further snow flurries out to the west of the country. a risk of ice in places, as temperatures widely fall to freezing or below to take us into tomorrow morning. the strength of the wind stops it from falling to much lower than that but the wind won't be as strong tomorrow. we will still have a couple of snow flurries in the north of scotland, one or two sleet and snow flurries in northern ireland, wales, towards the south—west, and the greatest chance of a few rain showers along the east coast of england but for the vast majority of tomorrow, it is going to be dry, sunny and cold. not as windy, though, so not with the same wind—chill. with lighter winds and clear skies to take us into wednesday night, thursday morning is going to be much colder. it could be as low as between —6 and —9 in a few areas, under this ridge of high pressure but that would eventually give way on thursday with the weather front pushing in to the cold air, primarily turning to snow over the higher ground, even low levels in scotland. the high ground of wales, northern ireland, as well, getting a covering of snow in places. turning to rain as the weather front pushes its way eastward through the day, never quite reaching parts of east anglia and the south east until late in the day. some sunny spells and heavy showers developing in the west later on and even though temperatures lift temporarily, by the end of the afternoon it feels rather cooler, especially in eastern areas. a colder night to take us into friday. friday back to sunshine and showers, the show is wintry in the north and west, some heavy with hail and thunder, and for many southern and eastern areas it will stay dry. cold, before some milder air returns on saturday. goodbye for now. this is bbc news. we will have all the headlines and the rest of the news at the top of the hour. child crying i'm amber and my husband is frank. we live outside of birmingham, alabama. we have four beautiful boys — frankie who is 17, stephen who is 111, and then we have a set of boy twins who are four years old, and they are nonverbal autistic — their names are alex and will. we are the ellis family.

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